The Occupying Power undertaking … transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health … and nutrition.

Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 49, third para.

Additional Protocol II

Article 17(1) of the 1977 Additional Protocol II provides:

Should … displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health … and nutrition.

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 17(1). Article 17 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.53, 6 June 1977, p. 144.

Kampala Convention

Article 5(1) of the 2009 Kampala Convention declares:

States Parties shall bear the primary duty and responsibility for providing protection of and humanitarian assistance to internally displaced persons within their territory or jurisdiction without discrimination of any kind.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 5(1).

In Article 3(2)(d), the Convention states, moreover, that States Parties shall “[p]rovide, to the extent possible, the necessary funds for protection and assistance without prejudice to receiving international support”.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 3(2)(d).

Article 9(2)(b) of the Convention imposes an obligation on States Parties to:

Provide internally displaced persons to the fullest extent practicable and with the least possible delay, with adequate humanitarian assistance, which shall include food, water, shelter, medical care and other health services, sanitation, education, and any other necessary social services, and where appropriate, extend such assistance to local and host communities.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 9(2)(b).

Article 7(5) of the Convention also prohibits members of armed groups, defined as “dissident armed forces or other organized armed groups that are distinct from the armed forces of the state”, from:

b. Hampering the provision of protection and assistance to internally displaced persons under any circumstances;

c. Denying internally displaced persons the right to live in satisfactory conditions of dignity, security, sanitation, food, water, health and shelter.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 7(5)(b) and (c).

Paragraph b of Protocol III, Part IV, of the 1992 General Peace Agreement for Mozambique, the Government of Mozambique and RENAMO were required to cooperate in order to organize the necessary assistance to displaced persons.

General Peace Agreement for Mozambique, along with seven Protocols and four related documents, Rome, 4 October 1992, annexed to Letter dated 6 October 1992 from the permanent representative of Mozambique to the UN addressed to the President of the UN Security Council, UN Doc. S/24635, 8 October 1992, Protocol III, Part IV, § b.

Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina

Paragraph 2.3 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina provides: “Should … displacement [of the civilian population] have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health … and nutrition.”

Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.3.

Agreement on Ground Rules for Operation Lifeline Sudan

Section A of the 1995 Agreement on Ground Rules for Operation Lifeline Sudan states that the fundamental objective of the cooperation is the provision of humanitarian assistance to populations in need throughout the territory of Sudan.

Agreement on Ground Rules for Operation Lifeline Sudan (OLS), between Dr. John Garang, Commander in Chief of the SPLM/A, and Pierce Gerety, OLS Coordinator and UNICEF Chief of Operations, 23 July 1995; also signed by Dr. Riek Machar, Commander-in-Chief of the SSIM/A, 6 August 1995 and by Dr. Lam Akol, Commander-in-Chief of SPLM/A-United, 29 July 1996, Section A.

The authorities undertaking … displacements shall ensure, to the greatest practicable extent, that proper accommodation is provided to the displaced persons [and] that … displacements are effected in satisfactory conditions of … nutrition, health and hygiene.

Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 7(2).

Principle 18 further stipulates:

1. All internally displaced persons have the right to an adequate standard of living.

2. At the minimum, regardless of the circumstances, and without discrimination, competent authorities shall provide internally displaced persons with and ensure safe access to:

(a) essential food and potable water;

(b) basic shelter and housing;

(c) appropriate clothing; and

(d) essential medical services and sanitation.

Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 18.

Guiding Principles on Internal Displacement

Principle 25 of the 1998 Guiding Principles on Internal Displacement specifies that national authorities have the primary duty and responsibility to provide protection and humanitarian assistance to IDPs within their jurisdiction. IDPs, therefore, have a corresponding right to request and receive protection and humanitarian assistance from State authorities.

Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 25.

Agreement on the Protection and Provision of Humanitarian Assistance in Sudan

Paragraph 5 of the 1999 Agreement on the Protection and Provision of Humanitarian Assistance in Sudan provides:

Where communities are to be relocated … [they] will be relocated to suitable sites with basic services and proper accommodation in place prior to relocation. Communities will only be relocated in a manner that preserves the right to life, dignity, liberty and security.

Agreement on the Implementation of Principles Governing the Protection and Provision of Humanitarian Assistance to War Affected Civilian Populations, concluded by the Government of Sudan, Sudan People’s Liberation Movement and the United Nations-Operations Lifeline Sudan, Geneva, 15 December 1999, § 5.

Cairo Plan of Action

In paragraph 70 of the 2000 Cairo Plan of Action, African and EU heads of State and government agreed “to continue to provide assistance to refugees and displaced persons”.

Cairo Plan of Action, adopted at the Africa-Europe Summit, held under the Aegis of the Organization of African Unity and the European Union, Cairo, 3–4 April 2000, § 70.

The parties undertake to facilitate the delivery of humanitarian assistance and the creation of conditions favourable to supplying emergency relief to the displaced persons and other civilian victims of war and this, wherever they are in the Darfur region, in accordance with the appendix attached to the present Agreement.

Humanitarian Ceasefire Agreement on the Conflict in Darfur, signed by the Government of Sudan, the Sudan Liberation Movement/Army, the Sudanese Justice and Equality Movement, the African Union and the Chadian Mediation, N’Djamena, 8 April 2004, Article 8.

Argentina’s Law of War Manual (1989) provides that, with respect to non-international armed conflicts, where civilians have been displaced for reasons of security or military necessity, “all possible measures are to be taken in order that [the displacement] is effected in satisfactory conditions”.

Refugees are entitled to the same rights and privileges as other protected persons. They are entitled to respect for their person, honour, their family rights, their religious convictions and practices and their manners and customs.

Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.20.

The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).

Brazil

Brazil’s Operations Manual for the Evacuation of Non-Combatants (2007) states:

7.2.5 Main Health Centre

The Main Health Centre shall be organized in sections for the provision of emergency health care to evacuated persons [during the evacuation operation] …

…

7.5 Support on Arrival in Brazilian Territory

7.5.1 The safe place of destination is the place designated by the Ministry of Foreign Affairs where the evacuated persons shall be taken by the end of the Non-Combatant Evacuation. It shall preferably be situated in Brazil … The reception in Brazil of the evacuated persons requires that some support activities are undertaken, such as:

…

b) referring the wounded and sick to the appropriate medical institutions and hospitals.

1.2.1 Non-Combatant Evacuation Operations are conducted by the Ministry of Defence, upon request by the Ministry of Foreign Affairs, for the evacuation of non-combatants whose lives are in danger, from their host country to a safe place of destination …

…

3.4.1 Non-Combatant Evacuation Operations … may be triggered by sudden changes in the government of the host country, changes in its political or military orientation with regard to Brazil, or hostile threats to Brazilian citizens by internal or external forces in that country.

…

Annex A. Rules of Engagement and the Law of Armed Conflict

…

3. The Law of Armed Conflict

According to the policy of the Ministry of Defence, the principles of the Law of Armed Conflict regulate the actions taken by the Joint Command in the defence of its personnel, property and equipment.

Burundi’s Regulations on International Humanitarian Law (2007) states that:

the Occupying Power, when carrying out evacuations [of the civilian population of the occupied territory], must ensure … , to the extent possible, that the evacuated persons are received in suitable facilities [and] that the displacement is carried out under satisfactory conditions.

Canada’s LOAC Manual (1999) provides, with respect to non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their shelter, hygiene, health … and nutrition.”

Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-5, § 41.

Canada

Canada’s LOAC Manual (2001) states in its chapter on non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their shelter, hygiene, health, safety and nutrition.”

Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1724.

Chad

Chad’s Instructor’s Manual (2006) states: “Refugees … benefit from the general protection given to civilians.”

The occupying power which undertakes these transfers or evacuations must ensure, to the greatest practicable extent, that the protected persons are offered suitable accommodation, [and] that the evacuations are effected in appropriate conditions of hygiene, health, … and nutrition.

Djibouti’s Manual on International Humanitarian Law (2004) states: “All feasible measures must be taken to ensure that the civilian population is received under satisfactory conditions regarding shelter, health, hygiene, security, food and drink.”

Whenever the military situation necessitates moving or evacuating civilians, remember to use common sense. Treat civilian refugees as you would want your family to be treated under similar circumstances. Unless emergency conditions exist, as an unexpected attack, give them enough time to collect and move their goods and property.

In addition to refugees, displaced persons are identified as those forced to leave their home surroundings, for example, due to hostilities or through natural disaster. They are in the territory of their own country. Although displaced persons are not officially refugees, they should be treated as protected persons.

New Zealand’s Military Manual (1992) provides with respect to non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their shelter, hygiene, health … and nutrition.”

Switzerland’s Basic Military Manual (1987) provides that the parties “shall ensure that proper accommodation is provided to receive the transferred persons and that displacements are effected in satisfactory conditions of hygiene, health … and nutrition”.

To the greatest practicable extent, removals of civil inhabitants must take place under satisfactory conditions of hygiene, health … and nutrition … and the transferred or evacuated protected persons must be provided with proper accommodation.

United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 560.

United Kingdom of Great Britain and Northern Ireland

According to the UK LOAC Manual (2004), one of the conditions for the permissibility of an evacuation of an occupied area is that “to the greatest extent practicable … proper accommodation is provided … and movement takes place under satisfactory conditions of hygiene, health, safety and nutrition.”

United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 11.55.

With regard to internal armed conflicts in which the 1977 Additional Protocol II is applicable, the manual states:

It is forbidden to displace the civilian population for reasons related to the conflict unless their security or “imperative military reasons so demand”. If they do have to be displaced, “all possible measures” must be taken to provide satisfactory conditions of shelter, hygiene, health, safety and nutrition.

United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.53.

United States of America

The US Field Manual (1956) reproduces Article 49 of the 1949 Geneva Convention IV.

United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 382.

Colombia’s Law on Internally Displaced Persons (1997) provides that once the displacement has occurred, the government shall take immediate action to guarantee emergency humanitarian aid with the aim of rescuing, assisting and protecting the displaced population and providing for its nutritional needs, personal hygiene, kitchen tools, medical and psychological care, emergency transport and temporary accommodation in humane conditions.

Colombia, Law on Internally Displaced Persons, 1997, Article 15.

Croatia

Croatia’s Law on Displaced Persons and Directive on Displaced Persons (1993) provide that Croatia should ensure that displaced persons have the necessary accommodation, food, medical and financial assistance, and assistance in social integration, as well as any other assistance necessary to satisfy their basic needs.

Denmark’s Military Criminal Code (1973), as amended in 1978, provides:

Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].

Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).

Denmark’s Military Criminal Code (2005) provides:

Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].

Article 1: An Emergency Unit is hereby established under the chairmanship of the Prime Minister to coordinate and monitor the situation of refugees from Yemen.

…

Article 3: The primary mission of this unit is to ensure the provision of humanitarian assistance to refugees fleeing the conflict in Yemen. Indeed, the objective of this emergency unit is to evaluate the needs of Yemeni refugees and to coordinate the mobilization of aid for their benefit, particularly in the following areas:

- Health

- Water

- Sanitation

- Security

This list is not exhaustive.

Article 4: The Prime Minster, as well as the members of the emergency unit, are responsible for the implementation of this decree.

Djibouti’s Law on the Status of Refugees in the Republic of Djibouti (2017) provides:

CHAPTER I

GENERAL PROVISIONS

…

Article 2: Definition of the term asylum seeker

Under this law, the term asylum seeker or person applying for refugee status means any person who leaves the country of his or her nationality or, if he or she has no nationality, the country in which he or she was habitually resident in order to apply for refugee status in the Republic of Djibouti and who is awaiting a decision by the relevant competent authorities on his or her application.

Article 3: Definition of the term refugee

Under this law and in accordance with the Geneva Convention of 28 July 1951 relating to the Status of Refugees and its Protocol of 31 January 1967 and the OAU Convention of 10 September 1969 Governing the Specific Aspects of Refugee Problems in Africa, the term refugee shall mean every person:

…

b. who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his or her country of origin or nationality, is compelled to leave his or her place of habitual residence in order to seek refuge in another place outside his or her country of origin or nationality.

Article 4: Cases of exclusion from refugee status

The provisions of the law shall not apply to any person with respect to whom serious reasons exist for considering that:

a. he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the relevant international instruments;

…

…

Article 10: Non-discrimination

This law applies to all refugees and asylum seekers without discrimination as to race, religion or nationality.

…

CHAPTER III

RIGHTS AND OBLIGATIONS OF REFUGEES AND ASYLUM SEEKERS

Article 14: Fundamental rights

1. Without prejudice to Chapters I and II above, all of the fundamental rights and provisions set out in Chapters II, III, IV and V of the Geneva Convention of 28 July 1951 relating to the Status of Refugees and those set out in the OAU Convention of 10 September 1969 relating to refugees apply to every refugee and asylum seeker lawfully resident in the territory of the Republic of Djibouti and within the limits of rights accorded to nationals. These notably include the right:

- to non-discrimination;

- to freedom of movement;

- to civil status documents;

- to identity and travel documents;

- to education;

- to work;

- of access to justice;

- to property

- to practice his or her religion;

- to freedom of association;

- to public and social assistance;

- to naturalization.

Djibouti, Law on the Status of Refugees in the Republic of Djibouti, 2017, Articles 2, 3(b), 4(a), 10 and 14(1).

Georgia

Georgia’s Law on Displaced Persons (1996) provides a certain number of legal, economic and social guarantees for persons forced to leave their homes and displaced following threats to their lives, health or freedom on account of an aggression by another country, an internal conflict or massive violations of human rights. These guarantees include the right to free medical assistance and free provision of medicines.

Georgia, Law on Displaced Persons, 1996, Article 5.

Georgia

Georgia’s Law on Displaced Persons (1996), as amended to 2010, states:

Article 3. Rights … of a person seeking IDP status

…

3. According to the norms and rules established by the legislation of Georgia, a person seeking IDP status shall have the right to:

a) reside at a temporary place of residence;

b) enjoy free utilities at a place of compact settlement;

c) receive other types of assistance

…

Article 5. Rights of IDPs …

1. IDPs shall receive … monthly assistance.

1.1. IDPs have the right to receive social and other assistance under the terms and conditions foreseen by the Georgian legislation.

2. The Ministry of Internally Displaced Persons from Occupied Territories of Georgia [shall] support IDPs in the enjoyment of their rights at temporary dwelling spaces, together with the executive authorities and local self-government bodies, who:

a) Assist IDPs to obtain a temporary employment, taking into account their profession and qualification;

b) Within their competencies, deliver the allowances and assistances provided for in the Georgian legislation;

c) The expenses of treatments in medical establishments of internally displaced families/persons who are registered in the database of socially unprotected (vulnerable) families shall be covered by the State within the limits of State standards and tariffs.

…

f) Decide issues relating to the IDPs retirement maintenance;

g) Assist IDPs in resolving social and living problems;

h) Ensure that IDPs have a temporary residence and food in accordance to the norms existing in Georgia;

i) Exempt IDPs from paying land tax on agricultural land plots allocated to them for temporary use according to the applicable standards;

…

l) Ensure that IDPs have a temporary residence and [adequate] living conditions within the territory of Georgia;

…

3. The State ensures [that] IDPs [have] temporary dwelling spaces. The Ministry organizes their accommodation in spaces allocated by the executive authorities and local self-government bodies for the temporary placement of IDPs.

4. … Until the restoration of Georgia’s jurisdiction over … the territories, IDPs shall not be evicted from IDPs’ resettlement facilities unless:

a) There is a written agreement with the IDPs;

b) A … residential area is allocated for the IDPs, [which shall] not worsen their living conditions;

c) Natural disasters … take place;

d) IDPs have willfully occupied dwelling-spaces in violation of the law.

a citizen of Georgia or a stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to a threat to his or his relatives’ life, health and freedom, as a result of an aggression by a foreign state, an internal conflict or massive violations of human rights.

Georgia, Law on Displaced Persons, 1996, as amended to 2010, Article 1.

Georgia

Georgia’s Law on Displaced Persons (1996), as amended in 2011, states:

The Ministry supports the IDPs in [the] enjoyment of their rights in …temporary dwelling spaces together with the executive authorities and local self-government bodies, who:

a) Assist the IDP to get … temporary employment, taking into account his/her profession and qualification;

b) Within their competencies deliver the allowances and assistance[] provided by Georgian legislation;

c) Ensure the IDP’s constitutional right to education and free education at public secondary schools at the expenses of the Government;

d) Decide the issues relating to the IDP[’]s retirement maintenance;

e) Assist the IDP[] in resolving … social and living problems;

…

h) Ensure the IDP [has a] temporary residence and [adequate] living conditions within the territory of Georgia;

…

2. The expenses of … treatment in [a] medical establishment of … internally displaced families/persons who are registered in the database of … socially unprotected (vulnerable) families shall be covered by the public program or insurance according to the established rules.

3. The executive authorities and relevant bodies of the local self-government, including the Ministry, ensure the exercise of their Constitutional rights [and] take measures to create [the] necessary socio-economic conditions for … safe, decent l[i]ving conditions in the places of temporary residence.

4. The Ministry coordinates the activities of the other Ministries and Agencies in the sphere of enjoyment of … rights by the IDPs.

Georgia, Law on Displaced Persons, 1996, as amended in 2011, Articles 3(3), 5(1), 5.3 and 5.4.

The Law defines an internally displaced person from the occupied territory as:

Internally displaced person from the occupied territory – IDP is a citizen of Georgia or stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to the threat to his life, health and freedom or life, health and freedom of his family members, as a result of aggression of a foreign state, internal conflict o[r] mass violation of human rights or [a]s a result of events determined by … paragraph 11 of article 2 of this Law.

Georgia, Law on Displaced Persons, 1996, as amended in 2011, Article 1(1).

Georgia

Georgia’s Law on Internally Displaced Persons (2014) states:

Article 3. The Purpose of the Law

The purpose of this Law is to create the legal mechanisms that

a) ensure protection of IDP [internally displaced person] rights during the whole period of displacement;

b) facilitate[] integration of IDPs at their places of registration;

c) promote[] provision of solutions to IDP problems.

…

Article 5. Protection of the Population from Displacement

…

2. The Government shall:

…

b) ensure realization of [the] rights of victims of displacement to life, dignity, safety and liberty even … when displacement is caused by [inevitable necessity];

…

…

Article 6. Definition of an IDP

1. A citizen of Georgia or a stateless person with a status residing in Georgia shall be considered as an IDP, if he/she was forced to leave his/her permanent place of residence because of threat to his/her or his/her family member[s’] life, health or freedom caused by the occupation of the territory by a foreign state, aggression, armed conflict, mass violence and/or massive human rights violations and/or he/she cannot return to his/her permanent place of residence due to the above mentioned reasons.

…

Article 12. Rights and Obligations of IDPs

1. [An] IDP has the right to:

a) receive IDP allowance … ;

b) receive social and other types of assistance[] in accordance with the rules and conditions established by the Georgian legislation;

c) receive adequate housing in Georgia until return to the place of permanent residence, except for those cases where durable housing has already been provided to him/her.

…

Article 13. The Right to Respect the Family Unity and the Right to Adequate Housing

…

2. The Ministry together with other relevant state agencies shall provide adequate housing to those IDPs who have been left homeless during displacement. When providing adequate housing, the Ministry shall register IDP[s at] the place of accommodation.

3. The Ministry together with state and local self-government bodies shall ensure the realization of IDP rights envisaged by this law and shall take measures to create socio-economic conditions for IDPs’ safe and dignified life.

4. If an IDP family has been provided with durable housing, the Government shall not bear responsibility to provide them or their descend[ants] with housing based on their IDP status.

Article 14. Protection of IDP Rights related to Living Space

1. Disputes on living space/housing issues shall be settled pursuant to Georgian legislation.

2. Before elimination of circumstances as referred to in paragraph 1, Article 6 of this Law or before providing durable housing to IDPs, eviction of IDPs from lawfully possessed living space shall not take place unless:

a) a written agreement is signed with an IDP on provision of adequate monetary or other type of assistance instead of the living space they occupy;

b) an IDP is provided with adequate housing not deteriorating his/her living conditions;

c) a natural disaster or other event occurs, envisaging certain compensation being regulated by a common rule.

…

6. In cases envisaged by paragraph 2 of this Article while resettling IDPs to another part of the country in order to safeguard IDPs’ dignity, freedom and safety, the Ministry shall ensure that:

a) an IDP/an IDP family is fully informed on reasons and procedures of resettlement and on relevant alternatives in order to ensure IDPs’ free and voluntary decision;

b) each IDP is provided with adequate housing;

c) IDPs shall be accommodated [in] places where safety, health and sanitary conditions are satisfactory[,] and the right to respect of the family unity of an IDP shall be protected.

7. Paragraphs 2 and 6 of this Article shall not cover those IDPs who were not accommodated by the government, who managed to find housing themselves (they are registered and/or live in rented, borrowed or their own houses, live together with [a] host family, etc.) and the Ministry did not pay for their administrative, accommodation and utility (including, electricity) costs annually from the state budget.

…

Article 16. Social Protection of an IDP

1. The Ministry [of Internally Displaced Persons from Occupied Territories, Accommodation and Refugees of Georgia], within its mandate, together with other state bodies shall support an IDP to exercise his/her rights. In particular, they shall

a) help IDPs to find jobs according to their professions and qualifications;

b) issue allowances and other types of assistance within their mandate pursuant to Georgian legislation;

c) ensure enjoyment of the constitutional right to education and state-funded general education as established by the legislation of Georgia;

d) make decision[s] on pension-related issues of IDPs;

e) help IDPs to resolve social and everyday issues;

…

h) provide IDPs with first aid during displacement on the territory of Georgia[;]

…

2. Medical expenses of an IDP/IDP families registered in the database of socially vulnerable families are covered by state-funded healthcare programs or insurance according to relevant rules.

Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Article 49 of the Geneva Convention IV, as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 17(1), are punishable offences.

Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment.

Norway, Military Penal Code, 1902, as amended in 1981, § 108.

Peru

Peru’s Law on Internal Displacement (2004) states:

The authorities responsible for the … [forced] displacement shall ensure, to the greatest practicable extent, that proper accommodation is provided to the displaced persons … [and] that such displacement is carried out in satisfactory conditions of safety, nutrition, health and hygiene.

Peru, Law on Internal Displacement, 2004, Article 8(2).

The Law also states:

The national authorities have the duty and responsibility to provide protection and humanitarian assistance to internally displaced persons within their jurisdiction. Internally displaced persons have the right to request and to receive protection and humanitarian assistance from these authorities.

Peru, Law on Internal Displacement, 2004, Article 4(1).

The Law further states:

Humanitarian assistance is carried out in accordance with the principles of humanity and impartiality and without discrimination, for no more than six months from the moment the provision of humanitarian assistance begins. Special cases, if so required, shall be dealt with individually.

Peru, Law on Internal Displacement, 2004, Article 10.

Peru

Peru’s Regulations to the Law on Internal Displacement (2005) states:

Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:

…

k) Be protected against … gender-based violence and sexual exploitation.

l) Be protected against crimes of sexual violence and abuse against women and their families.

…

o) Health care in conditions of equality, participating in all preventive activities, as well as those aimed at recovery, rehabilitation and mental health.

Peru, Regulations to the Law on Internal Displacement, 2005, Article 6(k)–(l) and (o).

Whereas, there is a necessity to urgently respond to the more immediate and urgent needs of the displaced population affected by armed conflicts in evacuation centers and in other places;

…

Whereas, there is a need to coordinate the existing civil society, private sector inputs, and international assistance in evacuation centers;

Whereas, there is a need to advocate for the participation of the private sector, civil society, and international donors in the rehabilitation of Central Mindanao;

Now, Therefore, I, Joseph Ejercito Estrada, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order the creation of the Presidential Executive Task Force for Relief and Rehabilitation of Central Mindanao.

…

Sub-Task Force 2: Meeting Minimum Basic Needs in Rehabilitation

…

Primary Task: In coordination with local chief executives, facilitate the development of an operational action plan to meet the immediate and urgent basic physical infrastructure needs of targeted communities; coordinate the efforts of agencies, NGOs, private sector in the provision of minimum basic needs of families and communities; facilitate the establishment/maintenance of needed social systems.

…

Sub-Task Force 4: Housing and Infrastructure Rehabilitation

…

Primary Task: In coordination with local executives, facilitate the immediate development of a settlement plan, with priority construction of two types of housing, namely core shelters which are immediately needed by displaced returnees and socialized housing scheme[s]; coordinate with other agencies to facilitate the construction of other needed infrastructure, such as sewerage, etc.

Philippines, Executive Order No. 267, 2000.

Philippines

The Philippines’ Executive Order No. 2 (2001), Creating an Interagency Committee for Relief, Rehabilitation and Development of Areas Affected by Armed Conflicts in Mindanao, states:

[T]he government [of the Philippines] is committed to ensure the safe return of families and individuals affected by armed conflicts to their communities of origin and assist them in rebuilding their shattered lives by addressing their basic needs.

In 2011, in the XXXX case, the Immigration Division of Canada’s Immigration and Refugee Board declared Mr. XXXX inadmissible to Canada on grounds of, inter alia, alleged complicity in crimes against humanity. The Division stated:

158. … [B]etween the start of the 1960s and the fall of the Lt.-Col. Mengistu’s regime in February 1992 various rebel groups and national liberations fronts engaged in wars of liberation with the Ethiopian government based in Addis Ababa. That war lasted thirty years and cost the lives of … untold numbers of victims. One of the leading rebel groups / liberation fronts was the EPLF [Eritrean People’s Liberation Front] …

…

197. … The Amnesty International report [for 1992] states that the EPLF forcibly expelled about 120,000 people from Eritrea in June 1992. About 120,000 people were expelled. 80,000 were captured Ethiopian government soldiers and dependants. However, the persons expelled also included civilians such as Ethiopian teachers and former officials. According to the Amnesty International Report the people were put across the border without transport[,] resulting in hundreds dying of starvation or illness in transit camps or while making their way south. The acts, which are offences under the Crimes Against Humanity and War Crimes Act, were perpetrated in a widespread and systematic fashion against a civilian population.

In 1996, in a case concerning the constitutionality of a decree which had ordered measures for the protection of the civilian population in military operations (Decree 2027 of 21 November 1995), Colombia’s Constitutional Court held that displaced persons had the right to receive humanitarian assistance and to be accorded protection by the State.

In the Krupp case in 1948, the US Military Tribunal at Nuremberg adopted the statement by Judge Phillips in his concurring opinion of 1947 in the Milch case according to which:

The third … condition under which deportation becomes illegal occurs whenever generally recognized standards of decency and humanity are disregarded. This flows from the established principle of law that an otherwise permissible act becomes a crime when carried out in a criminal manner. A close study of the pertinent parts of Control Council Law No. 10 strengthens the conclusions of the foregoing statements that deportation is criminal whenever there is no title in the deporting authority or whenever the purpose of the deportation is illegal or whenever the deportation is characterized by inhumane or illegal methods.

United States, Military Tribunal at Nuremberg, Krupp case, Judgment, 30 June 1948, adopting the concurring opinion by Judge Phillips in the Milch case, Judgment, 17 April 1947.

In 2010, in a ministerial statement before the House of Representatives on the situation in Sri Lanka, Australia’s Minister for Foreign Affairs stated:

Australia held concerns about the camps for internally displaced people and we put these concerns directly to the Sri Lankan government at the time, calling for freedom of movement for displaced persons and management of the camps in accordance with international humanitarian standards.

…

During my November visit to Colombo, I discussed with the Sri Lankan government the importance of freedom of movement for all internally displaced civilians. Accordingly, Australia welcomed the Sri Lankan government’s announcement on 1 December last year which allowed freer movement for people in the camps. Tens of thousands of people have taken advantage of that decision to travel outside the camps.

In 2010, in a statement before the UN Human Rights Council Periodic Review on Kenya, the representative of Australia stated: “We continue to be concerned about the insufficient protection of, and assistance to, internally displaced persons”.

Australia, Statement by its representative before the UN Human Rights Council Periodic Review on Kenya, 6 May 2010.

Bosnia and Herzegovina

In 1992, the Presidency of the Republika Srpska of Bosnia and Herzegovina made an urgent appeal “to give … all possible aid to displaced persons”.

Bosnia and Herzegovina, Republika Srpska, Appeal of the Presidency concerning the International Committee of the Red Cross Operations, Pale, 7 June 1992.

Chad

In 2009, in its written replies to the issues raised by the Human Rights Committee with regard to Chad’s initial report, Chad stated:

8. As a result of the conflict in Darfur in 2003, Chad was faced with an influx of Darfur refugees in the east of the country. In 2005 there were 220,000 refugees from Darfur, 60 per cent of whom were under the age of 18. The refugees are cared for by the Government of Chad with the support of the United Nations and international and national refugee organizations …

9 … Protection and humanitarian assistance are guaranteed to refugees and their children as part of their civil rights and economic, social and cultural rights.

10. Conflict between communities, Janjaweed incursions and rebel attacks have caused the internal displacement of 50,000 persons in the Dar Sila region … Protection and humanitarian assistance are provided by United Nations agencies, the Government and national human rights organizations.

Chad, Written replies by the Government of Chad to the Human Rights Committee concerning the list of issues to be taken up in connection with the initial report of Chad, 20 January 2009, UN Doc. CCPR/C/TCD/Q/1/Add.1, submitted 12 January 2009, §§ 8–10.

Chad

In 2012, in its second periodic report to the Human Rights Committee, Chad stated:

76. From 2005 to 2007, a succession of crises at the regional level (in particular the Darfur conflict) and at the national level (insecurity and intercommunity and political tension) caused the internal displacement of some 180,000 persons in the eastern part of Chad, especially in the regions of Ouaddai and Sila. …

…

78. Between 2007 and 2008, intercommunity fighting led to the forced displacement of some 16,000 Chadians within the country, in particular in the regions of Dar Sila and Ouaddai. …

…

80. To date, the Government has set up:

- Two governmental institutions with a mandate for internally displaced persons: the national agency to coordinate support for humanitarian activities and the integrated security force … (CONSAHDIS) and the national commission for the reintegration of refugees and returnees (CNARR). CONSAHDIS supervises the integrated security force (DIS) and projects to assist displaced persons, returnees and/or relocated persons and host populations and manages displaced persons sites.

- CNARR is mandated to protect refugees: it coordinates assistance to displaced persons and keeps a register of them.

- A comprehensive stimulus programme for eastern Chad (PGRET), developed with the support of a number of partners, particularly UNDP, was officially approved in September 2010. This programme seeks to meet the needs of internally displaced persons and host communities in areas of return, with the help of substantial financial and human resources made available by the Government.

According to the Report on the Practice of Colombia, displaced persons have the right to receive humanitarian assistance, and the State’s duty to protect the displaced population is permanent and cannot be renounced in normal times or in states of exception, in accordance with Article 17 of the 1977 Additional Protocol II.

Report on the Practice of Colombia, 1998, Chapter 5.5.

Colombia

In 2004, in its third periodic report to the Committee on the Rights of the Child, Colombia stated:

117. The [Government’s] Programme of Comprehensive Care for the Displaced Population and the Social Solidarity Network are trying to find ways to improve living conditions for displaced people by providing comprehensive assistance that will enable families to become productive again and to recover their emotional stability, either by returning to their place of origin or by relocating elsewhere in the country.

118. Under this programme, 9,923 million pesos was spent on emergency humanitarian assistance, which was sufficient to take care of 9,282 families in 18 departments in the country.

Colombia, Third periodic report of Colombia to the Committee on the Rights of the Child, 24 August 2005, UN Doc. CRC/C/Add.129, submitted 28 June 2004, §§ 117–118.

Côte d’Ivoire

In 2009, in its report to the UN Human Rights Council, Côte d’Ivoire stated: “[T]he political and military crises faced by Côte d’Ivoire since 1999, exacerbated by the war which broke out in September 2002, have had many grave consequences in the political, economic and social spheres.”

133. The successive political and military crises … have resulted in massive and repeated waves of population displacement. According to the available estimates, the number of those affected is between 750,000 and 1 million.

134. To bring the necessary assistance to these people in the difficult situation they find themselves in, a Government ministry for solidarity and war victims has been created.

In 2016, in its combined initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, Djibouti stated:

II. Articles 1, 2 and 3 of the [1965] Convention [on the Elimination of All Forms of Racial Discrimination]

…

26. As a result of the numerous conflicts in the subregion, the country has taken in a large number of refugees and continues to do so, without distinction as to race, origin or religion.

27. Since 1977 there have been several waves of immigration from neighbouring countries caused by armed conflicts between States: the Ogaden conflict in 1977 between Ethiopia and Somalia; the Badme conflict in 1998 between Ethiopia and Eritrea; and the civil war in Somalia that began in 1991 and led to a large influx of refugees.

28. The first refugees were settled in Dikhil but with the rapidly growing numbers two additional camps were opened by the Government in Holl Holl and Ali Addeh in the Ali-Sabieh region, with the help of the Office of the United Nations High Commissioner for Refugees (UNHCR).

29. Djibouti is a signatory to international and African instruments on the protection of refugees and respect for their rights, and the Government is currently strengthening the legal framework concerning refugees and implementing new measures.

30. The relevant decrees are as follows:

- Decree No. 77-054/PR/AE of 9 November 1977 establishing the National Commission on Eligibility for Refugee Status;

- Decree No. 2001-0101/PR/78-020/PR/MI amending Decree No. 77-054/PR/AE of 9 November 1977 on the establishment of the National Commission on Eligibility for Refugee Status;

- Decree No. 78-020/PR of 21 February 1978 establishing and defining the membership of the National Committee on Assistance for Refugees and Disaster Victims and also establishing the National Office for Refugees and Disaster Victims;

- Decree No. 78-077/PR additional to Decree No. 78-020/PR establishing the National Committee on Assistance for Refugees and Disaster Victims of 17 October 1978.

31. More recently Djibouti has adhered to two major regional instruments on the protection of refugees and internally displaced persons, leading to the promulgation of the following:

- Act No. 97/AN/10/6ème L of 3 January 2011 ratifying the African Union Convention for the Protection and Assistance of Displaced Persons in Africa (Kampala Convention).

32. Since 2015 Djibouti has taken in 17,634 Yemenis fleeing the war in Yemen, of whom two thirds have chosen to settle elsewhere or freely return home. The remaining third are in the Markazi refugee camp near the town of Obock.

33. To deal with that new crisis, the Government established by decree an emergency unit charged with the coordination of aid for refugees from Yemen. Under the direction of the Prime Minister, the unit assesses the needs of Yemeni refugees and coordinates assistance for them, in particular in the areas of health care, water, sanitation and security.

Djibouti, Initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, 12 April 2016, UN Doc. CERD/C/DJI/1-2, submitted 8 March 2016, §§ 26–33.

Djibouti further stated:

V. Article 6

…

Legal Framework

…

119. With regard to decentralization, to date there are still no courts outside the capital. Persons in rural areas wishing to resort to justice must travel to the capital.

120. That situation is considered an injustice and even discriminatory by the rural population. In order to improve matters, in 2010 the State party instituted a mobile justice service in the form of circuit courts that travel to the regions to hear cases collected by a specially created local registry. This is of course a temporary solution pending the construction of a courthouse in each regional capital.

121. Access to justice, which is a fundamental right, is guaranteed to persons living in refugee camps, who have access to the circuit courts.

Djibouti, Initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, 12 April 2016, UN Doc. CERD/C/DJI/1-2, submitted 8 March 2016, §§ 119–121.

Georgia

In 2014, in its fourth periodic report to the Committee on the Rights of the Child, Georgia stated:

Internally displaced children

181. The number of internally displaced children in the country amounts to 72,413. They benefit from the general healthcare service, which is provided free of charge by the Government of Georgia for all the children with IDP [internally displaced person] status.

182. … [I]n order to make all the services available for internally displaced children, including healthcare, education, etc., a change in the housing policy was made for the new government to allocate houses in Tbilisi to IDPs, which was not allowed before. The rationale is that IDPs have been living in the capital city for years and have reached a certain level of integration there.

183. … [T]he Law of Georgia on Internally Displaced Persons from the Occupied Territories of Georgia was adopted in 1996 and revised three times since then. In 2013, an analysis of the Law showed a need for considerable improvement. A Draft Law aims to put in place legal mechanisms to ensure emergency assistance in case of forced displacement and the protection of IDPs[’] rights during the whole period of displacement.

184. One of the important changes is the widening of the definition of an internally displaced person as: “A citizen of Georgia or a person with a status of person without citizenship in Georgia can be qualified as an IDP who was forced to leave his/her place of permanent residence due to a danger [to] his/her … health or life or [to] that of his/her family members as a result [of] occupation of territory by a foreign state, aggression, armed conflict, mass violence and/or mass violation of human rights and/or impossibility of his/her return to the place of permanent residence due to the above-mentioned reasons.” With such a formulation, the Law will not only protect the rights of those persons who lived on currently occupied territories, but also those who suffered as a result of the occupation.

185. One of the most valuable changes in the new draft Law is the creation of a uniformed, non-discriminatory approach to all IDPs. In particular, such notions as “IDP Collective Center”[,] “IDPs living in the private sector” will be annulled, ensuring the equal distribution of housing and benefits, such as governmental allowance and [the] possibility to receive payment for communal facilities. It is planned that all IDPs will receive [an] equal governmental allowance in amount of 45 GEL (20 EUR), instead of current[ly] 22-28 GEL, which vary dependent on type of accommodation. At the same time, all IDPs will pay their own communal expenses that are [an] additional step towards integration.

186. The draft law lists the reasons for suspension, termination and reinstatement of IDP allowance. It also specifies IDPs[’] protection measures with regards to accommodation and regulations on their eviction from temporary accommodation. Specifically, measures to be carried out by [the] central and local government for the eviction of IDPs from spaces transferred for legal ownership to third persons, while ensuring their dignity, security and freedom.

187. … [I]n order to make the housing allocation process transparent and based on needs, the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees has issued on 9 August 2013 the Order N320 … , which set up the procedures of allocation of houses to IDPs, using criteria and living standards. The “Rules” set special privileges for persons with disabilities. Before that, no mandatory act regulated the allocation of accommodation.

188. … The guiding principles, criteria and procedures of Durable Housing Solution (DHS) to IDPs were developed by the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia in close cooperation with civil society organizations. The criteria are based on the Law of Georgia, UN guiding principles on forced displacement, the State Strategy on IDPs approved by the Government of Georgia in 2007 and the Action Plan for implementation of the State Strategy on IDPs 2012–2014 adopted by the Government of Georgia on 13 June 2012. The criteria are based on the principles of voluntary and informed decision, family unity, special protection of minors left without families or a guardian/caregiver, adequate accommodation, access to documentation and public services, publicity and transparency.

Georgia, Fourth periodic report to the Committee on the Rights of the Child, 28 June 2016, UN Doc. CRC/C/GEO/4, submitted 11 December 2014, §§ 181–188.

Germany

In 2005, in its Seventh Human Rights Policy Report submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:

With the 1998 guidelines on the handling of crises related to internally displaced persons (“Guiding Principles on Internal Displacement”) by the then Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons, Francis Deng, the international community has a practice-oriented document, which summarizes existing standards on the protection of internally displaced persons and gives further recommendations. Although these guiding principles are not a binding instrument under international law, their acceptance by States, international organizations and NGOs has continued to grow over the past years, so that now they are virtually regarded as customary international law.

In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:

471. Guinea has been greatly affected by the civil wars in Liberia and Sierra Leone that have raged since 24 December 1989. Faithfully observing international human rights agreements, the [1989] Convention [on the Rights of the Child] and the [1990] African Charter on the Rights and Welfare of the Child, Guinea has generously opened its doors to more than half a million refugees, including more than 305,000 children and young persons under 18 years of age (or 61 per cent of the refugee population), traumatized and hounded by a war that threatens their survival. They have been given shelter throughout the national territory, but especially in Guinée Forestière.

Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 471 and 482.

Lebanon

In a set of guidelines for soldiers issued in 1996, the Chief of Staff of the Lebanese Army stated that it was the role of the army to protect displaced persons and to ensure that they were fed, housed and provided with medical care.

In 1996, during a debate in the UN Commission on Human Rights, Mexico stated that internally displaced persons “must always be provided with the basic necessities”. It also stated:

The primary responsibility for dealing with the problem [of displaced persons] rested … with the State concerned, and that the international community should simply assist and intervene only in cases of massive and systematic violations of human rights.

In 2007, in its National Policies on Internally Displaced Persons, Nepal stated:

1. Background

…

Due to natural disasters, human-made circumstances and disasters, armed conflict and situations of violence and fears having [been] created therefrom, persons and families are forcefully displaced from their homes or places of their habitual residence and thus they are time and again required to face such situations that force them to reside in other parts of the country. …

Therefore, the State is required to play a leading role to … make provisions for immediate relief and the necessary humanitarian support and services …

…

3. Definitions:

For the purpose of these Policies:

(a) “Internally Displaced Person” means a person who is living somewhere else in the country after having [been] forced to flee or leave their home or place of habitual residence due to armed conflict or situation of violence or gross violations of human rights or natural disasters or human-made disasters … or with an intention of avoiding the effects of such situations.

…

6. Objectives

…

6.2 To provide relief, benefits and facilities by developing integrated and coordinated mechanisms with the involvement, among others, of displaced persons for the protection of the fundamental rights and basic human rights of internally displaced persons and [the] minimization of adverse effects to be inflicted on local communities as a result of displaced persons.

…

7. Strategies

In order to achieve the objectives of these policies, the following strategies will be adopted:

…

7.4 Technical and financial means and resources … required for providing basic services of employment, education and health to internally displaced persons will be collected and mobilized …

…

8.2. Regarding Relief

8.2.1 By looking into the situation of displaced persons, certain norms will be developed to immediately provide relief, and provisions will be made to distribute the relief accordingly. Similarly, a temporary arrangement … [for shelters] will be made until the permanent and safe [provision of accommodation] … is managed.

8.2.2 Based on the situation of means and resources, arrangements for the availability of proper shelter, security, food grain and health facilities will be made for displaced persons or families … [by] governmental and other bodies concerned.

8.2.3 In order to provide immediately the necessary protection and humanitarian assistance to internally displaced persons, governmental as well as other concerned bodies will … [work in an] action[-]oriented [way].

…

9. Programmes

For the implementation of the above mentioned strategies and policies, the following programmes will be undertaken:

Nigeria, as a nation, has over the years, provided refuge for such people from various areas in Africa … Refugees and internally displaced persons are catered for by such institutions as the National Commission for Refugees, International Red Cross and Red Crescent Societies, the Salvation Army, NEMA [National Emergency Management Agency], State Emergency Relief Agencies (SERAs), as well as other institutional response agencies like the Search and Rescue Unit of the Armed Forces and of the Nigeria Police Force.

Nigeria, Third and fourth periodic reports to the Committee on the Rights of the Child, 5 January 2009, UN Doc. CRC/C/NGA/3-4, submitted 19 May 2008, § 8.2.2(b).

Oman

In May 1994, during a debate on Rwanda in the UN Security Council, Oman stated that the most urgent measure in response to mass displacement was to immediately extend humanitarian assistance to IDPs.

In 2001, in its second periodic report to the Committee on the Rights of the Child, Pakistan stated that it “will continue to carry out its moral obligation, as the country of asylum, to provide the Afghan refugees with assistance and protection”.

Pakistan, Second periodic report to the Committee on the Rights of the Child, 11 April 2003, UN Doc. CRC/C/65/Add.21, submitted 19 January 2001, § 344.

Philippines

The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provide that “the government shall provide free transportation facilities to the evacuees during evacuation” and that “medicine and relief goods, whether coming from the government or non-government organisations, shall be given to the evacuees without delay”.

Unfortunately, the party to a conflict that causes the displacement of persons [through its methods of warfare] does not bear any responsibility [for their care]. The material burden of providing assistance to these persons thus rests on the other party.

Report on the Practice of the Russian Federation, 1997, Chapter 5.5.

Serbia and Montenegro

In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro stated:

… Likewise, any person resettled forcibly within Serbia and Montenegro has the right to effective protection and assistance in accordance with the law and the international obligations of the country (Article 38 [of the 2003 Charter of Human and Minority Rights and Civil Liberties of the State Union of Serbia and Montenegro]).

In 2010, in a statement at the Tenth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, South Africa’s Deputy Minister of the Department of International Relations and Cooperation stated:

African leaders also recognised that IDPs [internally displaced persons] could be a possible contributing factor to instability on the continent. Faced with the reality that the African continent has one of the largest number of IDPs, estimated at about 11.8 million from 21 countries, Heads of State and Government of Member States of the AU [African Union] met during November 2009 to adopt the Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention), in an effort to address these challenges, the first continent to have done so. …

…

I am happy to say that many of the articles contained within the Convention, which inter alia refer to freedom of movement, political choice, human dignity, health care and security of persons, are already protected in the South African Constitution (Act 35 of 1997). It is our view that the AU IDP Convention fills a void in humanitarian law, recognising that IDPs have specific vulnerabilities and must be supported. It is therefore our hope that the AU Convention is going to be of value to other regions as well and contribute globally to the strengthening of IHL.

South Africa, Statement by the Deputy Minister of the Department of International Relations and Cooperation at the Tenth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, 4 May 2010, pp. 2–3.

Switzerland

In 2013, in a statement before the UN Human Rights Council during an interactive dialogue with the UN Special Rapporteur on the human rights of internally displaced persons, the representative of Switzerland stated:

During the preparation of the report, more than 4.25 million people have been internally displaced in Syria as a result of the hostilities, and their number has even more increased since then, following the intensification of the violence.

This makes access to victims of the war, including internally displaced persons, more and more difficult and the humanitarian actors present face great risks. … In view of the grave circumstances, Switzerland calls on all parties to the conflict to respect the principles of international humanitarian law and to facilitate thus access to vulnerable persons. It invites, in particular, the Syrian Government, in the framework of its primordial obligation to protect displaced persons and to respond to their needs, to facilitate humanitarian aid intended for all vulnerable persons, without discrimination and in line with international humanitarian law as well as the Guiding Principles on Internal Displacement.

Switzerland, Statement by the representative of Switzerland before the UN Human Rights Council during an interactive dialogue with the Special Rapporteur on the human rights of internally displaced persons, 16 September 2013.

Thailand

In 2011, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Thailand stated:

Children in temporary shelters for displaced persons fleeing armed conflict

100. Thailand adheres to the principle of non-refoulement of displaced persons fleeing armed conflict, protecting them from forced repatriation to areas of danger. Currently, there are nine temporary shelters designated for this group of people in four Northern provinces and along the Thai-Myanmar borders. Temporary refuge has been granted to 140,000 displaced people based on humanitarian principles pending safe return to the country of origin. However, many of these people have been taking refuge in Thailand for generations and are still unable to return to their countries due to possible threats to their safety, obliging Thailand to continue to provide care and services to them. Some groups have been residing in these areas for more than 30 years.

101. The aim of Thailand’s policy towards displaced persons fleeing armed conflict is to provide assistance on a humanitarian basis pending eventual repatriation. While taking refuge in the temporary shelters, displaced persons are forbidden to go out of the designated areas or take any actions that might jeopardize the relationships with Thailand’s neighbors. The management of the camps follows strict guidelines and takes into account the observations and concerns of the CRC Committee [Committee on the Rights of the Child].

102. Some of the measures taken to ensure proper care and treatment of these people are:

(a) The establishment of a committee, consisting of representative[s] from relevant agencies, tasked with providing care for displaced persons in temporary refuge and determining [a] long-term plan aimed at eventual repatriation or settlement in a third country;

(b) Selection of areas for setting up camps that are near to the border, connecting to the country of origin, and produce the least possible impact on the environment and Thai population;

(c) Development of profile and personal records for care and repatriation;

…

(f) Cooperation with 17 private organizations and international organizations in providing care and welfare services to displace[d] persons … ;

…

(i) Organization of internal administration of the camps through a committee, consisting of 15 representatives from displaced persons themselves, responsible for different aspects of daily living and coordinating with authorities from Thailand on registration and safety issue[s] and with NGOs on daily living and care.

Thailand, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 14 September 2011, UN Doc. CRC/C/THA/3-4, submitted 11 July 2011, §§ 100–102(a)–(c), (f) and (i).

Turkey

In Akdivar and Others v. Turkey before the European Court of Human Rights in 1996, the Turkish Government stated that under Turkish emergency legislation, persons who have had to leave their place of residence may be rehoused inside or outside the region covered by the state of emergency. It also stated that special funds were provided to assist those who needed to leave their homes.

European Court of Human Rights, Akdivar and Others v. Turkey, Government Memorial, 11 April 1996, §§ 43 and 58.

United Kingdom of Great Britain and Northern Ireland

In 2003, in a written reply to a question in the House of Commons on the “forced repatriation of Chechen internally displaced persons from their displacement camps in Ingushetia”, the UK Minister of State, Foreign and Commonwealth Office, stated:

The UK has played a prominent role in international efforts to press the Russian Government to halt the closure of internally displaced persons camps in the North Caucasus. Bilaterally, we have informed the Russian Government that the suspension of food, water and energy supplies to the camps constituted, in our view, a forced closure and reminded Russia of her obligations under the 1951 UN Convention on Refugees. The UK has also initiated and helped draft a number of EU demarches, calling for the closure of the camps to be stopped. We were therefore encouraged by President Putin’s statement last month that the closures should be halted. However, we will continue to monitor the situation closely and take further action if necessary.

United Kingdom, House of Commons, Written answer by the Minister of State, Foreign and Commonwealth Office, Hansard, 21 January 2003, Vol. 398, Written Answers, col. 224W.

United Kingdom of Great Britain and Northern Ireland

In 2003, during a debate in the House of Commons, the UK Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, stated in reply to a question on “people internally displaced as a result of the conflict in Iraq”:

We have talked to the various NGOs that may have to deal with some of the IDPs [internally displaced persons], and to the countries that may be affected as people try to move towards their borders. We have been seeking agreements with other countries about how they will respond to the refugees coming towards their borders. We have also been talking to the military, who will obviously come across IDPs very quickly. We have discussed how they will ensure that those people’s safety is guaranteed and how they will ensure that IDPs get the humanitarian aid that they need as quickly as possible.

United Kingdom, House of Commons, Statement by the Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, Hansard, 19 March 2003, Vol. 401, Debates, col. 946.

United States of America

In 1991, during a debate in the UN Security Council on the repression of the Iraqi civilian population, including Kurds in Iraq, the United States stated that its air force would drop food, blankets, clothing, tents and other relief-related items into northern Iraq. The US military would continue to help IDPs in southern Iraq and were willing to send a military medical unit to the border area to assist. The United States expressed profound concern about the plight of displaced persons and noted that it had contributed generously to the care and maintenance of the displaced.

In a resolution adopted in 1974 on emergency UN humanitarian assistance to Cyprus, the UN Security Council expressed grave concern at the plight of IDPs and urged parties to take appropriate measures to provide for their relief and welfare.

In a resolution adopted in 1991 on repression of the Iraqi civilian population, including Kurds in Iraq, the UN Security Council requested that the UN Secretary-General “use all the resources at his disposal … to address urgently the critical needs of refugees and displaced Iraqi population”.

In a resolution adopted in 1992 on political conditions in Bosnia and Herzegovina, the UN Security Council emphasized “the urgent need for humanitarian assistance, material and financial … [for] displaced persons”.

In a resolution on Bosnia and Herzegovina adopted in 1995, the UN Security Council expressed grave concern “at the very serious situation which confronts … a great number of displaced persons within the safe area at Potocari, especially the lack of essential food supplies and medical care”.

In three separate resolutions adopted in 1995 in the context of the conflict in the former Yugoslavia, the UN Security Council condemned the failure of the Bosnian Serb party to comply with its commitments in respect of giving humanitarian agencies access to displaced persons.

In a resolution adopted in 1996 on the Great Lakes region, the UN Security Council:

Requests the Secretary-General, in consultation with his Special Envoy and the coordinator of humanitarian affairs, with the United Nations High Commissioner for Refugees, with the OAU, with the Special Envoy of the European Union and with the States concerned:

In 1997, in a statement by its President on the Democratic Republic of the Congo, the UN Security Council called for the facilitation of access to humanitarian assistance and for the rights of refugees and displaced persons to be fully respected.

In a resolution adopted in 2003 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

10. … calls upon African States, the international community and relevant United Nations organizations to take concrete action to meet the needs of refugees, returnees and displaced persons for protection and assistance and to contribute generously to national projects and programmes aimed at alleviating their plight;

…

30. Notes the conclusion adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-fourth session on the importance of early and effective registration systems and censuses as a tool of protection and as a means to enable the quantification and assessment of needs for the provision and distribution of humanitarian assistance and to implement appropriate durable solutions;

31. Emphasizes the need for the Office of the High Commissioner to collate statistics, on a regular basis, on the number of refugees living outside refugee camps in certain African countries with a view to evaluating and addressing the needs of those refugees;

…

35. Expresses grave concern about the plight of internally displaced persons in Africa, calls upon States to take concrete action to pre-empt internal displacement and to meet the protection and assistance needs of internally displaced persons, recalls in that regard the Guiding Principles on Internal Displacement.

In a resolution adopted in 2003 on the protection of and assistance to internally displaced persons, the UN General Assembly:

Emphasizing that States have the primary responsibility to provide protection and assistance to internally displaced persons within their jurisdiction as well as to address the root causes of the displacement problem in cooperation with the international community,

…

11. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by further improving access to internally displaced persons.

UN General Assembly, Res. 58/177, 22 December 2003, preamble and § 11, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on the situation of human rights in Myanmar, the UN General Assembly:

3. Expresses once again its grave concern at:

…

(b) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under international law;

…

6. Once again urges the Government of Myanmar, as stated in its resolution 57/231 and in Commission on Human Rights resolution 2003/12:

…

(c) … to end systematic enforced displacement and provide protection and assistance to internally displaced persons.

UN General Assembly, Res. 58/247, 23 December 2003, §§ 3(b) and 6(c), adopted without a vote.

UN General Assembly

In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN General Assembly called upon the Government of Myanmar to “provide the necessary protection and assistance to internally displaced persons”.

In a resolution adopted in 2005 on the protection of and assistance to internally displaced persons, the UN General Assembly:

Emphasizing that States have the primary responsibility to provide protection and assistance to internally displaced persons within their jurisdiction as well as to address the root causes of the displacement problem in cooperation with the international community,

…

12. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by further improving access to internally displaced persons.

UN General Assembly, Res. 60/168, 16 December 2005, preamble and § 12, adopted without a vote.

UN General Assembly

In a resolution adopted in 2005 concerning assistance for humanitarian relief and the economic and social rehabilitation of Somalia, the UN General Assembly underlined “the urgent need for humanitarian assistance and continued relief, reconstruction and livelihood assistance, as well as equitable resource allocation to vulnerable communities, such as … internally displaced persons”.

UN General Assembly, Res. 60/219, 22 December 2005, preamble, adopted without a vote.

UN General Assembly

In a resolution adopted in 2006 on assistance to Palestine refugees, the UN General Assembly:

Acknowledging the essential role that the United Nations Relief and Works Agency for Palestine Refugees in the Near East has played for more than fifty-six years since its establishment in ameliorating the plight of the Palestine refugees in the fields of education, health and relief and social services,

…

Expressing grave concern at the especially difficult situation of the Palestine refugees under occupation, including with regard to their safety, well-being and living conditions,

…

1. Notes with regret that repatriation or compensation of the refugees, as provided for in paragraph 11 of General Assembly resolution 194 (III), has not yet been effected, that, therefore, the situation of the Palestine refugees continues to be a matter of grave concern and that the Palestine refugees continue to require assistance to meet basic health, education and living needs.

In a resolution adopted in 2006 concerning assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

9. Recognizes the importance of early registration and effective registration systems and censuses as a tool of protection and as a means to the quantification and assessment of needs for the provision and distribution of humanitarian assistance and to implement appropriate durable solutions;

…

12. Reaffirms the importance of timely and adequate assistance and protection for refugees, also reaffirms that assistance and protection are mutually reinforcing and that inadequate material assistance and food shortages undermine protection, notes the importance of a rights- and community-based approach in engaging constructively with individual refugees and their communities to achieve fair and equitable access to food and other forms of material assistance, and expresses concern in regard to situations in which minimum standards of assistance are not met, including those in which adequate needs assessments have yet to be undertaken;

…

26. Expresses grave concern at the increasing numbers of internally displaced persons in Africa, calls upon States to take concrete action to pre-empt internal displacement and to meet the protection and assistance needs of internally displaced persons, recalls in this regard the Guiding Principles on Internal Displacement.

In a resolution adopted in 2006 on the situation of human rights in Myanmar, the UN General Assembly strongly called upon the Government of Myanmar “to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community”.

In a resolution adopted in 2007 on assistance to Palestine refugees, the UN General Assembly:

Acknowledging the essential role that the United Nations Relief and Works Agency for Palestine Refugees in the Near East has played for more than fifty-seven years since its establishment in ameliorating the plight of the Palestine refugees through its provision of education, health and relief and social services and emergency assistance,

…

Expressing grave concern at the especially difficult situation of the Palestine refugees under occupation, including with regard to their safety, well-being and socio-economic living conditions,

…

1. Notes with regret that repatriation or compensation of the refugees, as provided for in paragraph 11 of General Assembly resolution 194 (III), has not yet been effected, and that, therefore, the situation of the Palestine refugees continues to be a matter of grave concern and the Palestine refugees continue to require assistance to meet basic health, education and living needs.

In a resolution adopted in 2007 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

11. Also recognizes the importance of early registration and effective registration systems and censuses as a tool of protection and as a means to the quantification and assessment of needs for the provision and distribution of humanitarian assistance and to implement appropriate durable solutions;

…

14. Reaffirms the importance of timely and adequate assistance and protection for refugees, returnees and displaced persons, also reaffirms that assistance and protection are mutually reinforcing and that inadequate material assistance and food shortages undermine protection, notes the importance of a rights- and community-based approach in engaging constructively with individual refugees, returnees and displaced persons and their communities so as to achieve fair and equitable access to food and other forms of material assistance, and expresses concern in regard to situations in which minimum standards of assistance are not met, including those in which adequate needs assessments have yet to be undertaken;

…

28. … calls upon States to take concrete action to pre-empt internal displacement and to meet the protection and assistance needs of internally displaced persons, recalls in that regard the Guiding Principles on Internal Displacement.

In a resolution adopted in 2003 on the situation of human rights in Burundi, the UN Commission on Human Rights:

Expresses its concern at the situation of displaced persons, deplores in particular the unacceptable living conditions in the displaced persons sites and recommends that the Transitional Government, United Nations specialized agencies and non-governmental organizations provide humanitarian assistance.

In a resolution adopted in 2003 on internally displaced persons, the UN Commission on Human Rights:

2. Expresses concern at the persistent problems of large numbers of internally displaced persons worldwide, in particular the risk of extreme poverty and socio-economic exclusion, their limited access to humanitarian assistance, vulnerability to human rights violations, as well as difficulties resulting from their specific situation, such as lack of food, medication or shelter and issues pertinent during their reintegration, including, in appropriate cases, the need for the restitution of or compensation for property;

…

10. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, to develop national policies aimed at addressing their plight, as well as to ensure that they benefit from public services, in particular basic social services such as health services and education, based on the principle of non-discrimination, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by improving access to internally displaced persons.

In a resolution adopted in 2004 on internally displaced persons, the UN Commission on Human Rights:

2. Expresses concern at the persistent problems of large numbers of internally displaced persons worldwide, in particular the risk of extreme poverty and socioeconomic exclusion, their limited access to humanitarian assistance, vulnerability to human rights violations, as well as difficulties resulting from their specific situation, such as lack of food, medication or shelter and issues pertinent during their reintegration, including, in appropriate cases, the need for the restitution of or compensation for property;

…

9. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, to develop national policies aimed at addressing their plight, as well as to ensure that they benefit from public services, in particular basic social services such as health services and education, based on the principle of nondiscrimination, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by improving access to internally displaced persons.

In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN Commission on Human Rights strongly urged the Government of Myanmar to “provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community”.

In a resolution adopted in 2005 on the situation of human rights in Myanmar, the UN Commission on Human Rights:

3. Expresses its grave concern at:

…

(g) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under international law;

…

5. Also calls upon the Government of Myanmar:

…

(e) To end the systematic enforced displacement of persons and other causes of refugee flows to neighbouring countries, to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community, and to respect the right of refugees to voluntary, safe and dignified return monitored by appropriate international agencies.

In a resolution adopted in 2005 on internally displaced persons, the UN Commission on Human Rights:

3. Expresses concern at the persistent problems of large numbers of internally displaced persons worldwide, in particular the risk of extreme poverty and socioeconomic exclusion, their limited access to humanitarian assistance, vulnerability to human rights violations, as well as difficulties resulting from their specific situation, such as lack of food, medication or shelter and issues pertinent during their reintegration, including, in appropriate cases, the need for the restitution of or compensation for property;

…

5. Notes the importance of taking the human rights and the specific protection and assistance needs of internally displaced persons into consideration, when appropriate, in peace processes and in reintegration and rehabilitation processes;

…

7. Expresses its appreciation of the Guiding Principles on Internal Displacement as an important tool for dealing with situations of internal displacement, welcomes the fact that an increasing number of States, United Nations agencies and regional and nongovernmental organizations are applying them as a standard, and encourages all relevant actors to make use of the Guiding Principles when dealing with situations of internal displacement;

…

10. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, to develop national policies aimed at addressing their plight, as well as to ensure that they benefit from public services, in particular basic social services such as health services and education, based on the principle of nondiscrimination, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by improving access to internally displaced persons.

In a resolution adopted in 2005 on technical cooperation and advisory services in the Democratic Republic of the Congo, the UN Commission on Human Rights urged all parties “[t]o guarantee the rights and welfare of persons displaced within the country, repatriates and groups of refugees”.

In a resolution adopted in 2007 on the mandate of the Representative of the Secretary-General on the human rights of internally displaced persons, the UN Human Rights Council expressed concern “at the persistent problems of large numbers of internally displaced persons worldwide, in particular … vulnerability to human rights violations and difficulties resulting from their specific situation, such as lack of food, medication or shelter”.

In 1994, the UNHCR Executive Committee emphasized that since IDPs remained within the territorial jurisdiction of their own countries, the primary responsibility for their welfare and protection lay with the State concerned.

In 1994, in a report on Rwanda, the UN Secretary-General stated that the immediate priorities with regard to the displaced population were to relieve suffering through the provision of adequate humanitarian assistance.

In 1996, in a report on the situation of human rights in Croatia, the UN Secretary-General noted that the Croatian Government was caring for a large number of IDPs and that the government had stated that it was spending 17 million dollars per month on displaced persons.

UN Secretary-General, Further report on the situation of human rights in Croatia, UN Doc. S/1996/456, 21 June 1996, p. 9.

UN Secretary-General

In 1997, in a report on Sierra Leone, the UN Secretary-General noted that the Government of Sierra Leone and the Revolutionary United Front (RUF) had made efforts to defuse tensions in certain areas by seeking ways to provide food to displaced persons.

Representative of the UN Secretary-General on Internally Displaced Persons

In 1997, in a report on his mission to Mozambique, the Representative of the UN Secretary-General on Internally Displaced Persons noted: “In the absence of health centres, an extended health-care network was set up in the form of ‘flying brigades’, which would provide medicines and carry out vaccination campaigns.” He also reported that “in collaboration with programme partners, IOM provided the internally displaced persons with food, seeds, tools, medical assistance and transport of household belongings”.

Representative of the UN Secretary-General on Internally Displaced Persons, Report on the Representative’s visit to Mozambique from 24 November to 3 December 1996, UN Doc. E/CN.4/1997/43/Add.1, 24 February 1997, §§ 48–49 and 67.

UN Commission on Human Rights (Special Rapporteur)

In 1996, in a special report on minorities in the former Yugoslavia, the Special Rapporteur of the UN Commission on Human Rights reported that “the Montenegrin authorities have … recognized the villagers in Plejvlja as displaced persons and distributed assistance covering their basic needs”.

UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in the Former Yugoslavia, Special report on minorities, UN Doc. E/CN.4/1997/8, 25 October 1996, §§ 81–83.

In a resolution adopted in 1985 in response to mass transfers of the population in Ethiopia, the European Parliament invited the European Commission, the Council and member States to ask Ethiopia to put a stop to forced displacement for a minimum of six months. The resolution stated that the suspension of the displacement of the civilian population during this period was necessary in order for the Ethiopian Government to assess, under international supervision, the necessity of the transfers, and to establish minimum humanitarian conditions for their conduct should they have proved necessary.

European Parliament, Resolution on mass transfers of populations in Ethiopia and the expulsion of Médecins sans frontières, 13 December 1985, § 1.

The 24th International Conference of the Red Cross in 1981 adopted a Statement of Policy on International Red Cross Aid to Refugees, which provided:

1. The Red Cross should at all times be ready to assist and protect refugees, displaced persons and returnees, when such victims are considered as protected persons under the Fourth Geneva Convention of 1949, or when they are considered as refugees under Article 73 of the 1977 Protocol I additional to the Geneva Conventions of 1949, or in conformity with the Statutes of the International Red Cross, especially when they cannot, in fact, benefit from any other protection or assistance, as in some cases of internally displaced persons.

…

8. As a neutral and independent humanitarian institution, the ICRC offers its services whenever refugees and displaced persons are in need of the specific protection which the ICRC may afford them.

24th International Conference of the Red Cross, Manila, 7–14 November 1981, Res. XXI, Annex, Statement of Policy on International Red Cross Aid to Refugees, §§ 1 and 8.

International Conference of the Red Cross (1986)

The 25th International Conference of the Red Cross in 1986 adopted a resolution on the Movement and refugees in which it urged National Societies to “spare no effort to ensure that refugees and asylum-seekers receive humane treatment and decent material conditions in host countries”.

The Comprehensive Plan of Action adopted by consensus at the International Conference on Indo-Chinese Refugees in 1989 provided that persons determined not to be refugees should be provided with care and assistance pending their repatriation.

The 26th International Conference of the Red Cross and Red Crescent in 1995 adopted a resolution on principles and action in international humanitarian assistance and protection in which it called upon States “to provide humanitarian assistance to internally displaced persons and to assist States having accepted refugees”.

The Plan of Action for the years 2000–2003 adopted in 1999 by the 27th International Conference of the Red Cross and Red Crescent proposed that all the parties to an armed conflict take effective measures to ensure that “if displacement occurs, … appropriate assistance is provided” to displaced persons.

27th International Conference of the Red Cross and Red Crescent, Geneva, 31 October–6 November 1999, Res. I, Annex 2, Plan of Action for the years 2000–2003, Actions proposed for final goal 1.1, § 1(c).

In its concluding observations on the initial report of Serbia and Montenegro in 2004, the Human Rights Committee stated:

The Committee is concerned about the lack of full protection of the rights of internally displaced persons in Serbia and Montenegro, particularly with regard to access to social services in their places of actual residence, including education facilities for their children, and access to personal documents. It expresses its concern with regard to high levels of unemployment and lack of adequate housing, as well as with regard to the full enjoyment of political rights. While noting the State party’s view that internally displaced persons have equal status with other citizens of Serbia and Montenegro, the Committee is concerned at the lack of enjoyment of their rights in practice. The Committee notes that Roma from Kosovo displaced during the 1999 conflict are a particularly vulnerable group (arts. 12, 26 [of the 1966 International Covenant on Civil and Political Rights]).

The State party should take effective measures to ensure that all policies, strategies, programmes and funding support have as their principal objective the enjoyment by all displaced persons of the full spectrum of Covenant rights. Furthermore, internally displaced persons should be afforded full and effective access to social services, educational facilities, unemployment assistance, adequate housing and personal documents, in accordance with the principle of non-discrimination.

In its concluding observations on the initial report of Bosnia and Herzegovina in 2006, the Human Rights Committee stated:

The Committee is concerned about the poor conditions in collective centres housing some 7,000 IDPs, many of whom belong to ethnic minority or other vulnerable groups. (arts. 17 and 26[of the 1966 International Covenant on Civil and Political Rights])

The State party should proceed with the phasing-out of collective centres for IDPs and provide adequate alternative housing to the residents of such centres.

To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that:

The Occupying Power undertaking evacuation shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the evacuated persons, that the removals are effected in satisfactory conditions of hygiene, health … and nutrition.

Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 836.

Council of Delegates (1991)

At its Budapest Session in 1991, the Council of Delegates adopted a resolution on the International Red Cross and Red Crescent Movement and refugees in which it requested the components of the Movement:

b) to pursue their efforts in disseminating international humanitarian law, human rights law, of which refugee law is part, and the Fundamental Principles of the Movement in order to enhance protection and humane treatment of refugees, asylum-seekers, displaced persons and returnees.

At its Budapest Session in 1991, the Council of Delegates adopted a resolution on the protection of the civilian population against famine in situations of armed conflict in which it reminded the authorities concerned and the armed forces under their command of their obligation to apply IHL, in particular the rule that “should such displacements have to be carried out, the stipulation that all possible measures be taken to ensure that the civilians are received under satisfactory conditions of shelter, hygiene, health, safety and nutrition”.

The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states:

Should … displacements have to be carried out, all possible measures shall be taken in order that the population may be transferred and received under satisfactory conditions of shelter, hygiene, health … and nutrition.

In a resolution adopted in 1991, the Politico-Military High Command of the SPLM/A stated:

The SPLM/SPLA considers relief assistance to innocent civilians caught up in the war situation and natural disasters as a human right, and the Movement shall facilitate passage of relief assistance to the areas of need in both SPLM/SPLA and Government administered areas.

The Occupying Power undertaking … transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of … safety.

Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 49, third para.

Additional Protocol II

Article 17(1) of the 1977 Additional Protocol II provides: “Should … displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of … safety.”

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 17(1). Article 17 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.53, 6 June 1977, p. 144.

Kampala Convention

The 2009 Kampala Convention provides that States Parties shall “[t]ake necessary measures to ensure that the internally displaced persons are received, without discrimination of any kind and live in satisfactory conditions of safety, dignity and security”.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 9(2)(a).

Recommendation on the Tragic Situation of Civilians in Bosnia and Herzegovina

Paragraph 3 of the 1992 Recommendation on the Tragic Situation of Civilians in Bosnia and Herzegovina provides that the security of the civilians who leave temporarily a territory shall be guaranteed by each party on the territory it controls.

Recommendation on the Tragic Situation of Civilians in Bosnia and Herzegovina, adopted at the invitation of the International Committee of the Red Cross and signed by Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representative of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Mate Boban (President of the Croatian Democratic Community), Geneva, 1 October 1992, § 3.

Australia’s LOAC Manual (2006) states: “Refugees and those fleeing armed conflict are protected persons who must at all times be treated humanely and shall not be attacked or threatened with acts or threats of violence.”

Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.20.

The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).

Argentina

Argentina’s Law of War Manual (1969) reproduces Article 49 of the 1949 Geneva Convention IV.

Canada’s LOAC Manual (1999) provides, with respect to non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their … safety.”

Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 17-5, § 41.

Canada

Canada’s LOAC Manual (2001) states in its chapter on non-international armed conflicts: “If [civilians] do have to be displaced, arrangements must be made, if possible, for their shelter, hygiene, health, safety and nutrition.”

Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1724.

The occupying power which undertakes these transfers or evacuations must ensure, to the greatest practicable extent, that the protected persons are offered suitable accommodation, [and] that the evacuations are effected in appropriate conditions of … safety.

Denmark’s Military Criminal Code (1973), as amended in 1978, provides:

Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].

Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).

Denmark’s Military Criminal Code (2005) provides:

Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].

Article 1: An Emergency Unit is hereby established under the chairmanship of the Prime Minister to coordinate and monitor the situation of refugees from Yemen.

…

Article 3: The primary mission of this unit is to ensure the provision of humanitarian assistance to refugees fleeing the conflict in Yemen. Indeed, the objective of this emergency unit is to evaluate the needs of Yemeni refugees and to coordinate the mobilization of aid for their benefit, particularly in the following areas:

- Health

- Water

- Sanitation

- Security

This list is not exhaustive.

Article 4: The Prime Minster, as well as the members of the emergency unit, are responsible for the implementation of this decree.

Whoever, in time of war, armed conflict or occupation organizes, orders or engages in, against the civilian population and in violation of the rules of public international law and of international humanitarian conventions:

…

(l) attacking … or mistreating persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant international instruments or under the national legislation of the State of refuge or State of residence …

…

is punishable with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death.

Ethiopia, Criminal Code, 2004, Article 270.

Ireland

Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Article 49 of the Geneva Convention IV, as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 17, are punishable offences.

Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment.

Norway, Military Penal Code, 1902, as amended in 1981, § 108.

Peru

Peru’s Regulations to the Law on Internal Displacement (2005) states:

Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:

…

h) Be protected against all forms of combat that may put internally displaced persons at risk, including armed attacks on camps and other settlements. The following are prohibited: starvation as a method of combat and the use of internally displaced persons or their property for the purpose of protecting military objectives, attacks on their camps or settlements and the use of anti-personnel landmines.

Peru, Regulations to the Law on Internal Displacement, 2005, Article 6(h).

Armed groups carry out attacks against internally displaced people, terrorizing them and robbing them of any hope for security … We urge the Government of Sudan to … protect civilians, in particular, individuals living in camps as a result of being internally displaced.

Australia, Statement by the representative of Canada before the UN Commission on Human Rights on the human rights situation in Sudan, made on behalf of Canada, Australia and New Zealand, 2005, p. 1.

Belgium

In 2007, in statement before the UN Security Council during a debate on the situation in Africa, the deputy permanent representative of Belgium stated: “My delegation is convinced that the protection of … displaced persons and refugees must be the absolute priority of the international community.”

Belgium, Statement by the deputy permanent representative of Belgium before the UN Security Council on “The situation in Africa”, 4 April 2007, p. 11.

Bosnia and Herzegovina

In 1992, the Presidency of the Republika Srpska of Bosnia Herzegovina made an urgent appeal “to give protection … to displaced persons”.

Bosnia and Herzegovina, Republika Srpska, Appeal of the Presidency concerning the International Committee of the Red Cross Operations, Pale, 7 June 1992.

Brazil

In 1994, during a debate in the UN Security Council on Rwanda, Brazil emphasized that part of the UNAMIR mandate was “to contribute to provid[e] security and protection for displaced persons, refugees and civilians at risk”.

In 2005, in a statement before the UN Commission on Human Rights on the human rights situation in Sudan, made on behalf of Canada, Australia and New Zealand, the representative of Canada stated:

Armed groups carry out attacks against internally displaced people, terrorizing them and robbing them of any hope for security … We urge the Government of Sudan to … protect civilians, in particular, individuals living in camps as a result of being internally displaced.

Canada, Statement by the representative of Canada before the UN Commission on Human Rights on the human rights situation in Sudan, made on behalf of Canada, Australia and New Zealand, 2005, p. 1.

Chad

In 2009, during the consideration of Chad’s initial report to the Committee against Torture, a statement of the delegation of Chad was summarized by the Committee in its records as follows:

Over 500.000 refugees from … Sudan and the Central African Republic were currently located in the eastern region of Chad. A special unit comprising Chadian police and gendarmes trained by the United Nations Mission in the Central African Republic and Chad had been established in order to protect refugees and prevent militarization of the camps.

Chad, Statement by the delegation of Chad before the Committee against Torture during the consideration of the initial report of Chad, 30 April 2009, published in the summary record of the 873rd meeting, 25 September 2009, UN Doc. CAT/C/SR.873, § 29.

Chad

In 2012, in its second periodic report to the Human Rights Committee, Chad stated:

76. From 2005 to 2007, a succession of crises at the regional level (in particular the Darfur conflict) and at the national level (insecurity and intercommunity and political tension) caused the internal displacement of some 180,000 persons in the eastern part of Chad, especially in the regions of Ouaddai and Sila. …

…

78. Between 2007 and 2008, intercommunity fighting led to the forced displacement of some 16,000 Chadians within the country, in particular in the regions of Dar Sila and Ouaddai. Most of the displaced women had suffered rape or other forms of sexual violence.

…

81. The Government continues to give priority to the safety of refugees [and] internally displaced persons … in Chad. It is true that general security conditions have improved. Since the departure of MINURCAT [UN Mission in the Central African Republic and Chad], the Chadian integrated security force DIS supported by the United Nations has played and continues to play a key role in maintaining security in and around refugee camps and in protecting convoys of displaced persons returning to their villages of origin. The presence of DIS is essential to encourage respect for the rule of law, prevent the enlistment of children in armed groups and reduce the number of acts of sexual and gender-based violence in and around camps.

The Integrated Security Force is divided into six police stations and six police posts

…

84. … [I]t should be emphasized that since 2009, the action of MINURCAT followed by that of DIS has ensured the security and protection of displaced persons, mainly in eastern Chad. The Government considers, however, that still more needs to be done to achieve the ultimate goal of eradicating all forms of violence against displaced persons and enabling them to return to normal life.

85. To this end, Chad and Sudan have set up a joint force to protect refugees. Since doing so, peace has been completely restored in the eastern part of the country.

In 2016, in its combined initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, Djibouti stated:

II. Articles 1, 2 and 3 of the [1965] Convention [on the Elimination of All Forms of Racial Discrimination]

…

26. As a result of the numerous conflicts in the subregion, the country has taken in a large number of refugees and continues to do so, without distinction as to race, origin or religion.

…

32. Since 2015 Djibouti has taken in 17,634 Yemenis fleeing the war in Yemen, of whom two thirds have chosen to settle elsewhere or freely return home. The remaining third are in the Markazi refugee camp near the town of Obock.

33. To deal with that new crisis, the Government established by decree an emergency unit charged with the coordination of aid for refugees from Yemen. Under the direction of the Prime Minister, the unit assesses the needs of Yemeni refugees and coordinates assistance for them, in particular in the areas of health care, water, sanitation and security.

Djibouti, Initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, 12 April 2016, UN Doc. CERD/C/DJI/1-2, submitted 8 March 2016, §§ 26 and 32–33.

France

The Report on the Practice of France notes that France has stated that it would arrest and punish those responsible for attempts on the security of displaced persons in both international and non-international conflicts.

Report on the Practice of France, 1999, Chapter 5.5.

Germany

In 2005, in its Seventh Human Rights Policy Report submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:

A particular problem is the large group of internally displaced persons; since refugees in the sense of the Geneva Refugee Convention are only persons who in their flight have crossed an international border, the Convention and its protective regime is not applicable to internally displaced persons. For their protection, international humanitarian law (in the case of armed conflicts) and human rights norms (e.g. ICCPR [1966 International Covenant on Civil and Political Rights], ICESCR [1966 International Covenant on Economic, Social and Cultural Rights] and Convention on the Rights of the Child) are decisive. The main problem of internally displaced persons is the factor that the State as such responsible for their protection, whose territory they have not left, often cannot grant that protection due to circumstance of (civil) war or other circumstances and often even causes the internal displacement. Even provisions meant to guarantee access of internally displaced persons to humanitarian assistance often fail due to the objection of the respective State …

With the 1998 guidelines on the handling of crises related to internally displaced persons (“Guiding Principles on Internal Displacement”) by the then Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons, Francis Deng, the international community has a practice-oriented document, which summarizes existing standards on the protection of internally displaced persons and gives further recommendations. Although these guiding principles are not a binding instrument under international law, their acceptance by States, international organizations and NGOs has continued to grow over the past years, so that now they are virtually regarded as customary international law.

In 2006, in a statement before the UN Security Council during a debate on the protection of civilians in armed conflict, the permanent representative of Greece stated: “[N]ew waves of displacement and violence and abuse against displaced persons and refugees … can not be tolerated and should come to a halt.”

Greece, Statement by the permanent representative before the UN Security Council during a debate on the protection of civilians in armed conflict, 5 December 2006.

Guinea

In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:

471. Guinea has been greatly affected by the civil wars in Liberia and Sierra Leone that have raged since 24 December 1989. Faithfully observing international human rights agreements, the [1989] Convention [on the Rights of the Child] and the [1990] African Charter on the Rights and Welfare of the Child, Guinea has generously opened its doors to more than half a million refugees, including more than 305,000 children and young persons under 18 years of age (or 61 per cent of the refugee population), traumatized and hounded by a war that threatens their survival. They have been given shelter throughout the national territory, but especially in Guinée Forestière.

…

482. Action taken:

- Establishment of a programme to increase the security of the nation’s borders

…

484. The main constraints are as follows:

…

- Lack of security at the borders that Guinea shares with its neighbours, owing to the repeated incursions of rebels from Sierra Leone and Liberia into Guinea.

Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 471, 482 and 484.

India

The Report on the Practice of India notes that, in the context of the conflict in Jammu and Kashmir, the Government of India has taken a number of steps to protect persons displaced by the conflict. Policy directives have reiterated that where persons are displaced, appropriate care should be taken to protect them.

Report on the Practice of India, 1997, Chapter 5.4 and 5.5.

Nepal

In 2007, in its National Policies on Internally Displaced Persons, Nepal stated:

1. Background

…

Due to natural disasters, human-made circumstances and disasters, armed conflict and situations of violence and fears having [been] created therefrom, persons and families are forcefully displaced from their homes or places of their habitual residence and thus they are time and again required to face such situations that force them to reside in other parts of the country. …

Therefore, the State is required to … provide security to displaced persons …

…

3. Definition[s]:

For the purpose of these Policies:

(a) “Internally Displaced Person” means a person who is living somewhere else in the country after having [been] forced to flee or leave their home or place of habitual residence due to armed conflict or situation of violence or gross violations of human rights or natural disasters or human-made disasters … or with an intention of avoiding the effects of such situations.

…

8. Policies

In relation to internal displacement, the following policies will be adopted:

8.1 Regarding Human Rights Protection

…

8.1.5 Arrangements … [for] appropriate security will be made in case … any person is forcibly displaced from his/her home or place of habitual residence due to violent conflict.

Armed groups carry out attacks against internally displaced people, terrorizing them and robbing them of any hope for security … We urge the Government of Sudan to … protect civilians, in particular, individuals living in camps as a result of being internally displaced.

New Zealand, Statement by the representative of Canada before the UN Commission on Human Rights on the human rights situation in Sudan, made on behalf of Canada, Australia and New Zealand, 2005, p. 1.

Pakistan

In 2001, in its second periodic report to the Committee on the Rights of the Child, Pakistan stated:

Pakistan will continue to carry out its moral obligation, as the country of asylum, to provide the Afghan refugees with assistance and protection and will continue to strictly abide by the principle of non-refoulement.

Pakistan, Second periodic report to the Committee on the Rights of the Child, 11 April 2003, UN Doc. CRC/C/65/Add.21, submitted 19 January 2001, § 344.

Philippines

The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provides:

Acts or threats of violence and various forms of inhuman treatment committed by the government forces, including para-military groups and other agents of authority, for the purpose of spreading terror among the evacuees are prohibited (Protocol II, Art. 13).

In 1994, during a debate in the UN Security Council, the Russian Federation stated that a central element of the peacekeeping operation in Rwanda had to be the establishment of secure humanitarian areas for the protection of IDPs.

A declaration by the Government of Rwanda in February 1993 on the restoration of the cease-fire specified: “Those displaced by the war will be installed in the demilitarized neutral zone and will receive the protection of the international force for maintaining the cease-fire.”

Rwanda, Declaration by the government on the restoration of the cease-fire, annexed to Letter dated 4 March 1993 to the President of the UN Security Council, UN Doc. S/25363, 4 March 1993, Annex III, p. 8, § 5.

Serbia and Montenegro

In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro stated:

… Likewise, any person resettled forcibly within Serbia and Montenegro has the right to effective protection and assistance in accordance with the law and the international obligations of the country (Article 38 [of the 2003 Charter of Human and Minority Rights and Civil Liberties of the State Union of Serbia and Montenegro]).

In 2010, in a statement at the Tenth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, South Africa’s Deputy Minister of the Department of International Relations and Cooperation stated:

I am happy to say that many of the articles contained within the [2009 Kampala] Convention, which inter alia refer to freedom of movement, political choice, human dignity, health care and security of persons, are already protected in the South African Constitution (Act 35 of 1997). It is our view that the AU [African Union] IDP [Internally Displaced Persons] Convention [2009 Kampala Convention] fills a void in humanitarian law, recognising that IDPs have specific vulnerabilities and must be supported. It is therefore our hope that the AU Convention is going to be of value to other regions as well and contribute globally to the strengthening of IHL.

South Africa, Statement by the Deputy Minister of the Department of International Relations and Cooperation at the Tenth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, 4 May 2010, p. 3.

Thailand

In 2011, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Thailand stated:

Children in temporary shelters for displaced persons fleeing armed conflict

…

101. The aim of Thailand’s policy towards displaced persons fleeing armed conflict is to provide assistance on a humanitarian basis pending eventual repatriation. While taking refuge in the temporary shelters, displaced persons are forbidden to go out of the designated areas or take any actions that might jeopardize the relationships with Thailand’s neighbors. The management of the camps follows strict guidelines and takes into account the observations and concerns of the CRC Committee [Committee on the Rights of the Child].

102. Some of the measures taken to ensure proper care and treatment of these people are:

…

(d) Protection against human trafficking by imposing restriction of their mobility outside the camps and taking strict legal actions against those attempting to lure or persuade them to seek employment outside;

(e) Strict patrolling and supervision of the camps and nearby areas to safeguard against procurement of weapons[.]

Thailand, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 14 September 2011, UN Doc. CRC/C/THA/3-4, submitted 11 July 2011, §§ 101 and 102(d)–(e).

United Kingdom of Great Britain and Northern Ireland

In 1991, the United Kingdom put forward the idea of creating safe areas for displaced persons in Iraq, especially Kurds, in the aftermath of the Gulf War. The United Kingdom assisted in the establishment of these safe areas and supplied troops in order to ensure the security of the sites.

United Kingdom, Statement by the Prime Minister: A Safe Haven for the Kurds, Foreign and Commonwealth Office Press Office, 8 April 1991, p. 714.

United Kingdom of Great Britain and Northern Ireland

In 2003, in reply to a question in the House of Commons on “people internally displaced as a result of the conflict in Iraq”, the UK Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, stated:

We have talked to the various NGOs that may have to deal with some of the IDPs [internally displaced persons], and to the countries that may be affected as people try to move towards their borders. We have been seeking agreements with other countries about how they will respond to the refugees coming towards their borders. We have also been talking to the military, who will obviously come across IDPs very quickly. We have discussed how they will ensure that those people’s safety is guaranteed and how they will ensure that IDPs get the humanitarian aid that they need as quickly as possible.

United Kingdom, House of Commons, Statement by the Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, Hansard, 19 March 2003, Vol. 401, Debates, col. 946.

United Kingdom of Great Britain and Northern Ireland

In 2004, in a written answer to a question concerning representations made to the Government of Sudan, the UK Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, stated:

We … regularly raise the need for it to ensure the protection of all civilians – including displaced persons – in Darfur, and to adhere to the UN Guiding Principles on Internal Displacement, including on the need for all returns to be voluntary and appropriate.

United Kingdom, House of Commons, Written answer by the Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, Foreign and Commonwealth Office, Hansard, 13 December 2004, Vol. 428, Written Answers, col. 901W.

In a resolution adopted in 1994, the UN Security Council decided to expand UNAMIR’s mandate “to contribute to the security and protection of displaced persons, refugees and civilians at risk in Rwanda, including through the establishment and maintenance … of secure humanitarian areas”.

In a resolution adopted in 1994, the UN Security Council reaffirmed that UNAMIR would “contribute to the security and protection of displaced persons, refugees and civilians at risk in Rwanda, including through the establishment and maintenance … of secure humanitarian areas”.

In a resolution adopted in 2006 on the protection of civilians in armed conflict, the UN Security Council:

Reaffirms the need to maintain the security and civilian character of refugee and internally displaced person camps, stresses the primary responsibility of States in this regard, and encourages the Secretary-General where necessary and in the context of existing peacekeeping operations and their respective mandates, to take all feasible measures to ensure security in and around such camps and of their inhabitants.

In a resolution adopted in 2006 on the Sudan, the UN Security Council:

9. Decides further that the mandate of UNMIS in Darfur shall also include the following:

…

(b) To … coordinate international efforts towards the protection of civilians with particular attention to vulnerable groups including internally displaced persons, returning refugees, and women and children;

…

13. Requests the Secretary-General to report to the Council on the protection of civilians in refugee and internally displaced persons camps in Chad and on how to improve the security situation on the Chadian side of the border with Sudan.

In a resolution on reports of the Secretary-General on the Sudan adopted in 2007, the UN Security Council:

… condemning continued violent attacks on civilians, including displaced persons, refugees, women, children, the elderly and humanitarian workers; and reiterating in the strongest terms the need for all parties to the conflict in Darfur, including non-parties to the Darfur Peace Agreement, to put an end to the violence and atrocities in Darfur and the region.

In 1993, in a statement by its President on Liberia, the UN Security Council strongly condemned the “massacre of innocent displaced persons” and urged all parties to the conflict “to respect the rights of the civilian population and take all necessary measures to secure their safety”.

In January 1996, in a statement by its President on Burundi, the UN Security Council expressed grave concern at “attacks on personnel of international humanitarian organizations, which have led to the suspension of essential assistance to refugees and displaced persons” and stressed that “the authorities in Burundi are responsible for the security” of both.

In 1997, in a statement by its President on the Democratic Republic of the Congo, the UN Security Council called for attention to be paid to the protection and security needs of all refugees and displaced persons.

In 2003, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:

The Security Council strongly condemns all attacks and acts of violence directed against civilians or other protected persons under international law, in particular international humanitarian law in situations of armed conflict, including such attacks and acts of violence against women, children, refugees, internally displaced persons and other vulnerable groups.

In 2004, in a statement by its President on the situation in Burundi, the UN Security Council stated:

The Security Council condemns with the utmost firmness the massacre of refugees from the Democratic Republic of the Congo which occurred on the territory of Burundi, in Gatumba, on 13 August 2004.

The Security Council requests the Special Representative of the Secretary-General for Burundi, in close contact with the Special Representative of the Secretary-General for the Democratic Republic of the Congo, to establish the facts and report on them to the Council as quickly as possible.

The Security Council calls upon the authorities of Burundi and of the Democratic Republic of the Congo to cooperate actively so that the perpetrators and those responsible for those crimes be brought to justice without delay.

The Security Council calls upon all States in the region to ensure that the territorial integrity of their neighbours is respected … It encourages them to redouble their efforts in order to provide security for the civilian populations on their territory, including for the foreigners to whom they grant refuge.

The Security Council requests the United Nations Operation in Burundi and the United Nations Organization’s Mission in the Democratic Republic of the Congo to offer their assistance to the Burundian and Congolese authorities with a view to facilitating the investigation and to strengthening the security of vulnerable populations.

In 2004, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:

The Security Council reaffirms its strong condemnation of all acts of violence targeting civilians or other protected persons under international law. The Council is gravely concerned that civilians are increasingly targeted by combatants and armed elements during armed conflict, in particular women, children and other vulnerable groups, including refugees and internally displaced persons, and recognizes the negative impact this will have on durable peace and national reconciliation.

…

Mindful of the particular vulnerability of refugees and internally displaced persons, the Council reaffirms the primary responsibility of States to ensure their protection, in particular, by preserving the civilian character of camps of refugees and internally displaced persons and to take effective measures to protect them from infiltration by armed groups, abduction and forced military recruitment.

In 2005, in a statement by its President on the protection of civilians in armed conflict, the UN Security Council stated:

The Security Council, recalling its resolutions 1265 (1999) and 1296 (2000) as well as statements made by its Presidents on the protection of civilians in armed conflict, reiterates its commitment to address the widespread impact of armed conflict on civilian populations.

…

The Council is gravely concerned about limited progress on the ground to ensure the effective protection of civilians in situations of armed conflict. It stresses in particular the urgent need for providing better physical protection for displaced populations as well as for other vulnerable groups, in particular women and children. Efforts should be focused in areas where these populations and groups are most at risk. At the same time, it considers that contributing to the establishment of a secure environment for all vulnerable populations should be a key objective of peacekeeping operations.

In 2007, in a statement by its President on the situation in the Middle East, the UN Security Council underlined “the need to protect and give assistance to the civilian population, notably the Palestinian refugees”.

In a resolution adopted in 1993 on refugees and displaced persons, the UN General Assembly:

Expresses deep concern regarding serious threats to the security or the well-being of refugees, including incidents of refoulement, unlawful expulsion, physical attacks and detention under unacceptable conditions, and calls upon States to take all measures necessary to ensure respect for the principles of refugee protection.

In a resolution adopted in 1994 on the situation of human rights in the Sudan, the UN General Assembly expressed alarm at the repeated instances of violence against displaced persons and other civilians.

In a resolution adopted in 2003 on Afghanistan, the UN General Assembly:

Expresses gratitude to those countries that continue to host Afghan refugee populations, and at the same time once again calls upon all groups to continue to fulfil their obligations for the protection of refugees and internally displaced persons and to allow international access for their protection and care.

In a resolution adopted in 2003 on Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, the UN General Assembly condemned “the events that have occurred in the Jenin refugee camp in April 2002, including the loss of life, injury, destruction and displacement inflicted on many of its civilian inhabitants”.

In a resolution adopted in 2003 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

17. Reaffirms that host States have the primary responsibility to ensure the civilian and humanitarian character of asylum, and calls upon States, in cooperation with international organizations, within their mandates, to take all necessary measures to ensure respect for the principles of refugee protection and, in particular, to ensure that the civilian and humanitarian nature of refugee camps is not compromised by the presence or the activities of armed elements or used for purposes that are incompatible with their civilian character;

…

19. Condemns any exploitation of refugees, especially their sexual abuse and exploitation, calls for those responsible for such deplorable acts to be brought to justice, welcomes in this regard the conclusion on protection from sexual abuse and exploitation adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-fourth session, and notes with deep concern that inadequate protection and/or inappropriate assistance, particularly concerning the quantity and quality of food and other material assistance, increases the vulnerability of refugees and asylum-seekers to sexual abuse and exploitation;

20. Welcomes the decision of the Office of the High Commissioner to put in place a code of conduct for humanitarian personnel aimed at preventing the exploitation of refugees, especially in the area of sexual exploitation.

UN General Assembly, Res. 58/149, 22 December 2003, §§ 17 and 19–20, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on human rights and mass exoduses, the UN General Assembly:

Reaffirming the primary responsibility of States to ensure the protection of refugees and internally displaced persons,

…

7. Urges States to uphold the civilian and humanitarian character of refugee camps and settlements, consistent with international law, inter alia, through effective measures to prevent the infiltration of armed elements, to identify and separate any such armed elements from refugee populations, to settle refugees at safe locations, where possible away from the border, and to afford prompt and unhindered access to them by humanitarian personnel.

UN General Assembly, Res. 58/169, 22 December 2003, preamble and § 7, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on the situation of human rights in Myanmar, the UN General Assembly:

3. Expresses once again its grave concern at:

…

(b) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under international law;

…

6. Once again urges the Government of Myanmar, as stated in its resolution 57/231 and in Commission on Human Rights resolution 2003/12:

…

(c) … to end systematic enforced displacement and provide protection and assistance to internally displaced persons, to allow the safe and dignified voluntary return of refugees.

UN General Assembly, Res. 58/247, 23 December 2003, §§ 3(b) and 6(c), adopted without a vote.

UN General Assembly

In a resolution adopted in 2004 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

12. Reaffirms that host States have the primary responsibility to ensure the civilian and humanitarian character of asylum, and calls upon States, in cooperation with international organizations, within their mandates, to take all necessary measures to ensure respect for the principles of refugee protection and, in particular, to ensure that the civilian and humanitarian nature of refugee camps is not compromised by the presence or the activities of armed elements or used for purposes that are incompatible with their civilian character;

13. Condemns all acts that pose a threat to the personal security and well-being of refugees and asylum-seekers, such as refoulement, unlawful expulsion and physical attacks, deplores, in particular, the armed attacks that took place in the Gatumba transit centre in Burundi in August 2004, calls upon States of refuge, in cooperation with international organizations, where appropriate, to take all necessary measures to ensure respect for the principles of refugee protection, including the humane treatment of asylum-seekers.

In a resolution adopted in 2005 on UNRWA operations, the UN General Assembly:

Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian territory occupied since 1967, including East Jerusalem,

Aware of the continuing needs of the Palestine refugees throughout the Occupied Palestinian Territory and in the other fields of operation, namely Jordan, Lebanon and the Syrian Arab Republic,

Gravely concerned about the extremely difficult living conditions being faced by the Palestine refugees in the Occupied Palestinian Territory, including East Jerusalem, including in the Rafah and Jabaliya refugee camps, resulting, inter alia, from loss of life and injury, extensive destruction and damage to their shelters and properties, and displacement,

…

8. Calls upon Israel, the occupying Power, to comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949.

In a resolution adopted in 2005 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

13. Further reaffirms that host States have the primary responsibility to ensure the civilian and humanitarian character of asylum, and calls upon States, in cooperation with international organizations, within their mandates, to take all necessary measures to ensure respect for the principles of refugee protection and, in particular, to ensure that the civilian and humanitarian nature of refugee camps is not compromised by the presence or the activities of armed elements or used for purposes that are incompatible with their civilian character;

14. Condemns all acts that pose a threat to the personal security and well-being of refugees and asylum-seekers, such as refoulement, unlawful expulsion and physical attacks, calls upon States of refuge, in cooperation with international organizations, where appropriate, to take all necessary measures to ensure respect for the principles of refugee protection, including the humane treatment of asylum-seekers.

In a resolution adopted in 2005 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

Condemns all acts that pose a threat to the personal security and wellbeing of refugees and asylum-seekers, such as refoulement, unlawful expulsion and physical attacks, and calls upon all States of refuge, in cooperation with international organizations where appropriate, to take all necessary measures to ensure respect for the principles of refugee protection, including the humane treatment of asylum-seekers.

In a resolution adopted in 2005 on the situation of human rights in Myanmar, the UN General Assembly:

2. Expresses grave concern at:

…

(g) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and [recalled] in this context the obligations of Myanmar under international law;

…

3. Strongly calls upon the Government of Myanmar:

…

(g) … to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community.

UN General Assembly, Res. 60/233, 23 December 2005, §§ 2(g) and 3(g), adopted without a vote.

UN General Assembly

In a resolution adopted in 2006 on assistance to Palestine refugees, the UN General Assembly expressed grave concern “at the especially difficult situation of the Palestine refugees under occupation, including with regard to their safety, well-being and living conditions”.

Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian territory occupied since 1967, including East Jerusalem,

Aware of the continuing needs of the Palestine refugees throughout the Occupied Palestinian Territory and in the other fields of operation, namely Jordan, Lebanon and the Syrian Arab Republic,

Gravely concerned about the extremely difficult living conditions being faced by the Palestine refugees in the Occupied Palestinian Territory, including East Jerusalem, particularly in the refugee camps in the Gaza Strip, resulting, inter alia, from the loss of life and injury, the extensive destruction of their shelters, properties and vital infrastructure and the displacement of the Palestine refugees,

…

10. Calls upon Israel, the occupying Power, to comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949.

In a resolution adopted in 2006 concerning the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

Strongly condemns attacks on refugees, asylum-seekers and internally displaced persons as well as acts that pose a threat to their personal security and well-being, and calls upon all concerned States and, where applicable, parties involved in an armed conflict to take all necessary measures to ensure respect for human rights and international humanitarian law.

In a resolution adopted in 2006 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

10. Recalls the conclusion on registration of refugees and asylum-seekers adopted by the Executive Committee at its fifty-second session, notes the many forms of harassment faced by refugees and asylum-seekers who remain without any form of documentation attesting to their status, recalls the responsibility of States to register refugees on their territories, and, as appropriate, the responsibility of the Office of the High Commissioner or mandated international bodies to do so, reiterates in this context the central role which early and effective registration and documentation can play, guided by protection considerations, in enhancing protection and supporting efforts to find durable solutions, and calls upon the Office, as appropriate, to help States to conduct this procedure should they be unable to register refugees on their territory;

…

14. Further reaffirms that host States have the primary responsibility to ensure the civilian and humanitarian character of asylum, and calls upon States, in cooperation with international organizations, within their mandates, to take all necessary measures to ensure respect for the principles of refugee protection and, in particular, to ensure that the civilian and humanitarian nature of refugee camps is not compromised by the presence or the activities of armed elements or used for purposes that are incompatible with their civilian character, and encourages the High Commissioner to continue efforts, in consultation with States and other relevant actors, to ensure the civilian and humanitarian character of camps;

15. Condemns all acts that pose a threat to the personal security and wellbeing of refugees and asylum-seekers, such as refoulement, unlawful expulsion and physical attacks, and calls upon States of refuge, in cooperation with international organizations, where appropriate, to take all necessary measures to ensure respect for the principles of refugee protection, including the humane treatment of asylum-seekers.

UN General Assembly, Res. 61/139, 19 December 2006, §§ 10 and 14–15, adopted without a vote.

UN General Assembly

In a resolution adopted in 2006 on the situation of human rights in Myanmar, the UN General Assembly strongly called upon the Government of Myanmar “to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community”.

In a resolution adopted in 2007 on assistance to Palestine refugees, the UN General Assembly expressed grave concern “at the especially difficult situation of the Palestine refugees under occupation, including with regard to their safety, well-being and socio-economic living conditions”.

In a resolution adopted in 2007 on UNRWA operations, the UN General Assembly:

Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Palestinian territory occupied since 1967, including East Jerusalem,

Aware of the continuing needs of the Palestine refugees throughout the Occupied Palestinian Territory and in the other fields of operation, namely Jordan, Lebanon and the Syrian Arab Republic,

Gravely concerned about the extremely difficult living conditions being faced by the Palestine refugees in the Occupied Palestinian Territory, including East Jerusalem, particularly in the refugee camps in the Gaza Strip, resulting, inter alia, from the loss of life and injury, the extensive destruction of their shelters, properties and vital infrastructure, the displacement of the Palestine refugees, the prolonged closures and socio-economic decline,

…

10. Calls upon Israel, the occupying Power, to comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949.

In a resolution adopted in 2007 concerning the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

12. Strongly condemns attacks on refugees, asylum-seekers and internally displaced persons as well as acts that pose a threat to their personal security and well-being, and calls upon all concerned States and, where applicable, parties involved in an armed conflict to take all necessary measures to ensure respect for human rights and international humanitarian law;

13. Deplores the refoulement and unlawful expulsion of refugees and asylum-seekers, and calls upon all concerned States to ensure respect for the relevant principles of refugee protection and human rights.

In a resolution adopted in 2007 concerning assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

12. Recalls the conclusion on registration of refugees and asylum-seekers adopted by the Executive Committee at its fifty-second session, notes the many forms of harassment faced by refugees and asylum-seekers who remain without any form of documentation attesting to their status, recalls the responsibility of States to register refugees on their territories, and, as appropriate, the responsibility of the Office of the High Commissioner or mandated international bodies to do so, reiterates in this context the central role that early and effective registration and documentation can play, guided by protection considerations, in enhancing protection and supporting efforts to find durable solutions, and calls upon the Office, as appropriate, to help States to conduct this procedure should they be unable to register refugees on their territory;

…

16. Further reaffirms that host States have the primary responsibility to ensure the civilian and humanitarian character of asylum, calls upon States, in cooperation with international organizations, within their mandates, to take all necessary measures to ensure respect for the principles of refugee protection and, in particular, to ensure that the civilian and humanitarian nature of refugee camps is not compromised by the presence or the activities of armed elements or used for purposes that are incompatible with their civilian character, and encourages the High Commissioner to continue efforts, in consultation with States and other relevant actors, to ensure the civilian and humanitarian character of camps;

17. Condemns all acts that pose a threat to the personal security and wellbeing of refugees and asylum-seekers, such as refoulement, unlawful expulsion and physical attacks, calls upon States of refuge, in cooperation with international organizations, where appropriate, to take all necessary measures to ensure respect for the principles of refugee protection, including the humane treatment of asylum-seekers, notes with interest that the High Commissioner has continued to take steps to encourage the development of measures to better ensure the civilian and humanitarian character of asylum, and encourages the High Commissioner to continue those efforts, in consultation with States and other relevant actors.

UN General Assembly, Res. 62/125, 18 December 2007, §§ 12 and 16–17, adopted without a vote.

UN Commission on Human Rights

In a resolution adopted in 1995 on the situation of human rights in the Sudan, the UN Commission on Human Rights expressed alarm at the repeated instances of violence against displaced persons and other civilians.

In a resolution adopted in 1995 on the situation of human rights in Rwanda, the UN Commission on Human Rights condemned “all attacks against persons in the refugee camps near the borders of Rwanda” and called upon States “to take appropriate steps to prevent such attacks”.

In a resolution adopted in 2003 on human rights and mass exoduses, the UN Commission on Human Rights:

Reaffirming the primary responsibility of States to ensure the protection within their own territories of refugees, as well as internally displaced persons,

…

6. Calls upon States to ensure effective protection of refugees by, inter alia, respecting the principle of non-refoulement and urges all States to promote and protect the human rights and fundamental freedoms of refugees and asylum-seekers;

7. Also calls upon States to ensure effective protection of, and assistance to, refugees and internally displaced persons, consistent with international law, including by ensuring full, safe and unhindered access by humanitarian workers to displaced populations and ensuring the security and civilian and humanitarian nature of camps and settlements for refugees and internally displaced persons;

…

10. Expresses its grave concern at allegations of sexual exploitation of and violence against refugees and internally displaced persons, condemns all instances of abuse and exploitation of such persons, and calls on all relevant agencies to ensure the effective implementation and monitoring of the United Nations Inter-Agency Standing Committee Plan of Action on “Protection from Sexual Exploitation and Abuse in Humanitarian Crises” and other relevant codes of conduct.

UN Commission on Human Rights, Res. 2003/52, 24 April 2003, preamble and §§ 6–7 and 10, adopted without a vote.

UN Commission on Human Rights

In a resolution adopted in 2003 on the situation of human rights in Afghanistan, the UN Commission on Human Rights:

Notes with concern reports of violence perpetrated by Afghan elements against certain ethnic groups, internally displaced persons and refugees who have returned, as well as cases of arbitrary arrest and detention and attacks against women and girls.

In a resolution adopted in 2003 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights condemned the “ongoing widespread violations and abuses of human rights and humanitarian law, in particular against internally displaced persons”.

In a resolution adopted in 2004 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights condemned the “ongoing widespread violations and abuses of human rights and humanitarian law, in particular against internally displaced persons”.

In a resolution adopted in 2005 on human rights and mass exoduses, the UN Commission on Human Rights:

Stressing the importance of adherence to international humanitarian, human rights and refugee law in order to avert mass exoduses and displacements, to mitigate their effects and to protect refugees and internally displaced persons at all stages of the displacement cycle, and expressing its deep concern at the lack of respect for those laws and principles, especially during armed conflict, including, inter alia, the denial of full, safe and unimpeded access to displaced persons by humanitarian workers,

Reaffirming the primary responsibility of States to ensure the protection within their own territories of refugees, as well as internally displaced persons,

…

7. Calls upon States to ensure effective protection of refugees by, inter alia, respecting the right under the Universal Declaration of Human Rights to seek and enjoy asylum and the principle of non-refoulement, and urges all States to promote and protect the human rights and fundamental freedoms of refugees and asylum-seekers;

8. Also calls upon States to ensure effective protection of, and assistance to, refugees and internally displaced persons at all stages of the displacement cycle, consistent with international law, including by ensuring full, safe and unhindered access by humanitarian workers to displaced populations and ensuring the security and civilian and humanitarian nature of camps and settlements for refugees and internally displaced persons;

…

11. Expresses its grave concern at allegations of sexual exploitation of and violence against refugees and internally displaced persons, condemns all instances of abuse and exploitation of such persons, and calls on all relevant agencies to ensure the effective implementation and monitoring of the Plan of Action on Protection from Sexual Exploitation and Abuse in Humanitarian Crises drawn up by the Inter-Agency Standing Committee, other relevant codes of conduct and the Secretary-General’s Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13).

UN Commission on Human Rights, Res. 2005/48, 19 April 2005, preamble and §§ 7–8 and 11, adopted without a vote.

UN Commission on Human Rights

In a resolution adopted in 2005 on advisory services and technical assistance in Burundi, the UN Commission on Human Rights strongly condemned “the massacre committed against the civilian Banyamulenge refugee population at Gatumba on 13 August 2004 and demands that the perpetrators of these killings be brought to justice”.

In a resolution adopted in 2005 on the situation of human rights in the Sudan, the UN Commission on Human Rights called upon the Government of the Sudan to “improve security in and around the internally displaced persons’ camps”.

In a resolution adopted in 2005 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights condemned the “ongoing widespread violations and abuses of human rights and humanitarian law against internally displaced persons [and] refugees”.

In a resolution adopted in 2007 on the situation of human rights in Darfur, the UN Human Rights Council called upon all parties to the conflict in Darfur “to put an end to all acts of violence against civilians, with a special focus on vulnerable groups including women, children and internally displaced persons, as well as humanitarian workers”.

In a resolution adopted in 2007 on the situation of human rights in Darfur, the UN Human Rights Council reiterated its call upon all parties “to put an end to all acts of violence against civilians, with special focus on vulnerable groups, including women, children and internally displaced persons, as well as human rights defenders and humanitarian workers”.

In May 1994, in a report on the situation in Rwanda, the UN Secretary-General stated: “It is very urgent that … ‘secure humanitarian areas’ be established where the estimated 2 million … unfortunate displaced persons can be provided both security and assistance.”

In 1996, in a report on extra-judicial, arbitrary or summary executions, the Special Rapporteur of the UN Commission on Human Rights recommended that the authorities in Burundi establish a national police force, stating: “One of the priority tasks of the national police force would be to ensure the security and the protection of people in … refugee camps.”

UN Commission on Human Rights, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Report on the Special Rapporteur’s mission to Burundi, 19–29 April 1995, UN Doc. E/CN.4/1996/4/Add.1, 24 July 1995, § 93.

UN Commission on Human Rights (Special Rapporteur)

In 1996, the Special Rapporteur of the UN Commission on Human Rights on Extra-judicial, Summary or Arbitrary Executions intervened on behalf of displaced persons on several occasions, including one case in which a group of internally displaced persons was “to be transported … [to] an area of active armed conflict in Tajikistan, where their lives could have been at risk, especially because of the presence of landmines”.

The 25th International Conference of the Red Cross in 1986 adopted a resolution on the Movement and refugees in which it called on governments “to continue their efforts to find in the near future a solution to the problem of military or armed attacks on refugee camps and settlements”.

The Plan of Action for the years 2000–2003 adopted in 1999 by the 27th International Conference of the Red Cross and Red Crescent proposed that all the parties to an armed conflict take effective measures to ensure that “in the conduct of hostilities, every effort is made to spare the life, protect and respect the civilian population, with particular protective measures for … groups with special vulnerabilities such as … displaced persons”.

27th International Conference of the Red Cross and Red Crescent, Geneva, 31 October–6 November 1999, Res. I, Annex 2, Plan of Action for the years 2000–2003, Actions proposed for final goal 1.1, § 1(a).

In its concluding observations on the initial report of Uganda, the Human Rights Committee, in 2004, stated:

The State party should take immediate and effective measures to protect the right to life and liberty of the civilian population in areas of armed conflict in northern Uganda from violations by members of the security forces. In particular, it should protect internally displaced persons confined in camps, which are constantly exposed to attacks from the Lord’s Resistance Army.

In its concluding observations on the third periodic report of the Sudan in 2007, the Human Rights Committee stated:

[The Committee] remains concerned at the absence of measures to ensure the protection of displaced persons and humanitarian workers … (art. 12 of the [1966 International Covenant on Civil and Political Rights])

In keeping with all international standards governing the matter, including the Guiding Principles on Internal Displacement, the State party should:

(a) Take such steps as are necessary to afford displaced persons, in particular women in and around camps, greater protection.

To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that: “The occupying power undertaking evacuation shall ensure, to the greatest practicable extent, … that the removal is effected in satisfactory conditions of … safety.”

Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 836.

Article 49, third paragraph, of the 1949 Geneva Convention IV provides: “The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, … that members of the same family are not separated”.

Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 49, third para.

Convention on the Rights of the Child

Article 9 of the 1989 Convention on the Rights of the Child provides:

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.

4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.

Convention on the Rights of the Child, adopted by the UN General Assembly, Res. 44/25, 20 November 1989, Article 9.

Convention on the Rights of the Child

Article 22 of the 1989 Convention on the Rights of the Child requires States parties “to protect and assist … [refugee children] and to trace the parents or other members of the family of any refugee children in order to obtain information necessary for reunification with his or her family”.

Convention on the Rights of the Child, adopted by the UN General Assembly, Res. 44/25, 20 November 1989, Article 22.

Quadripartite Agreement on Georgian Refugees and IDPs

In the 1994 Quadripartite Agreement on Georgian Refugees and IDPs, the parties agreed that:

In accordance with the fundamental principle of preserving family unity, where it is not possible for families to repatriate as units, a mechanism shall be established for their reunification in Abkhazia. Measures shall also be taken for the identification and extra care/assistance for unaccompanied minors and other vulnerable persons during the repatriation process.

Quadripartite Agreement on Voluntary Return of Refugees and Displaced Persons in the Republic of Georgia, between the Abkhaz and Georgian Sides, the Russian Federation and UNHCR, Moscow, 4 April 1994, annexed to Letter dated 5 April 1994 from the permanent representative of Georgia to the UN addressed to the President of the Security Council, UN Doc. S/1994/397, 5 April 1994, Annex II.

Agreement on Refugees and Displaced Persons annexed to the Dayton Accords

According to Article 1 of the 1995 Agreement on Refugees and Displaced Persons annexed to the Dayton Accords, “the principle of the unity of the family shall be preserved”.

General Framework Agreement for Peace in Bosnia and Herzegovina, Annex 7, Agreement on Refugees and Displaced Persons, signed by the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska, Dayton, 22 November 1995, Article 1.

Kampala Convention

Article 9(2)(h) of the 2009 Kampala Convention imposes an obligation on States Parties to:

Take necessary measures, including the establishment of specialized mechanisms, to trace and reunify families separated during the displacement and otherwise facilitate the re-establishment of family ties.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 9(2)(h).

In Article 7, the Convention prohibits members of armed groups, defined as “dissident armed forces or other organized armed groups that are distinct from the armed forces of the state”, from “separating members of the same family”.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 7(5)(c).

Families which are separated by displacement should be reunited as quickly as possible. All appropriate steps shall be taken to expedite the reunion of such families, particularly when children are involved. The responsible authorities shall facilitate inquiries made by family members and encourage and cooperate with the work of humanitarian organizations engaged in the task of family reunification.

Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 17(3).

Brazil’s Operations Manual for the Evacuation of Non-Combatants (2007) states:

7.4.1 In case the Ministry of Foreign Affairs does not state who is to be evacuated with priority, the Joint Command shall follow this guidance:

…

b) the table below sets out who shall be evacuated with priority.

…

… Categories

I - Brazilian citizens.

II - Non-Brazilians who are close relatives of Brazilian citizens.

…

7.4.3 Rules of Procedure

The following rules of procedure shall be observed in Non-Combatant Evacuation Operation:

…

(i) persons who have high priority [to be evacuated] may choose to be reclassified into a lower priority in order not to be separated from their family. In case a person has to be evacuated for medical reasons, the whole family shall be evacuated together with him or her.

…

7.5 Support on Arrival in Brazilian Territory

7.5.1 The safe place of destination is the place designated by the Ministry of Foreign Affairs where the evacuated persons shall be taken by the end of the Non-Combatant Evacuation. It shall preferably be situated in Brazil … The reception in Brazil of the evacuated persons requires that some support activities are undertaken, such as:

…

f) public relation tasks, in particular … the liaison with evacuated persons’ relatives and close friends.

1.2.1 Non-Combatant Evacuation Operations are conducted by the Ministry of Defence, upon request by the Ministry of Foreign Affairs, for the evacuation of non-combatants whose lives are in danger, from their host country to a safe place of destination …

…

3.4.1 Non-Combatant Evacuation Operations … may be triggered by sudden changes in the government of the host country, changes in its political or military orientation with regard to Brazil, or hostile threats to Brazilian citizens by internal or external forces in that country.

…

Annex A. Rules of Engagement and the Law of Armed Conflict

…

3. The Law of Armed Conflict

According to the policy of the Ministry of Defence, the principles of the Law of Armed Conflict regulate the actions taken by the Joint Command in the defence of its personnel, property and equipment.

Burundi’s Regulations on International Humanitarian Law (2007) states that “the Occupying Power, when carrying out evacuations [of the civilian population of the occupied territory], must ensure … to the extent possible … that members of the same family are not separated from one another”.

The UK Military Manual (1958) provides that in case of transfer or evacuation, “members of the same family must not be separated”.

United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 560.

United Kingdom of Great Britain and Northern Ireland

According to the UK LOAC Manual (2004), one of the conditions for the permissibility of an evacuation of an occupied area is that “to the greatest extent practicable … members of the same family are not separated.”

United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 11.55 11 .

United States of America

The US Field Manual (1956) reproduces Article 49 of the 1949 Geneva Convention IV.

United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 382.

In cases of … unaccompanied minor asylum seeker(s) or minor asylum seeker(s) [being] separated from their family … the Authorised Body … must initiate the tracing of the child’s parents or other relatives for the purpose of family unification, except in cases when such tracing and unification is not in the interests of the child.

Armenia, Law on Refugees and Asylum, 2008, Article 50(1).

Bangladesh

Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime.

According to Colombia’s Law on Internally Displaced Persons (1997), the family of forcibly displaced persons must benefit from the right to family reunification.

Colombia, Law on Internally Displaced Persons, 1997, Article 2(4).

Denmark

Denmark’s Military Criminal Code (1973), as amended in 1978, provides:

Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].

Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).

Denmark’s Military Criminal Code (2005) provides:

Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].

Denmark, Military Criminal Code, 2005, § 36(2).

Djibouti

Djibouti’s Law on the Status of Refugees in the Republic of Djibouti (2017) provides:

CHAPTER I

GENERAL PROVISIONS

…

Article 2: Definition of the term asylum seeker

Under this law, the term asylum seeker or person applying for refugee status means any person who leaves the country of his or her nationality or, if he or she has no nationality, the country in which he or she was habitually resident in order to apply for refugee status in the Republic of Djibouti and who is awaiting a decision by the relevant competent authorities on his or her application.

Article 3: Definition of the term refugee

Under this law and in accordance with the Geneva Convention of 28 July 1951 relating to the Status of Refugees and its Protocol of 31 January 1967 and the OAU Convention of 10 September 1969 Governing the Specific Aspects of Refugee Problems in Africa, the term refugee shall mean every person:

…

b. who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his or her country of origin or nationality, is compelled to leave his or her place of habitual residence in order to seek refuge in another place outside his or her country of origin or nationality.

Article 4: Cases of exclusion from refugee status

The provisions of the law shall not apply to any person with respect to whom serious reasons exist for considering that:

a. he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the relevant international instruments;

…

…

Article 8: Conditions for granting refugee status to family members

1. The family members of a person recognised as a refugee, within the meaning of article 3 above, who accompany or join him shall also be considered refugees, unless they are of a nationality other than that of the refugee and enjoy the protection of the country of which they are nationals.

2. If, following recognition of the head of the family as a refugee, family cohesion subsequently breaks down as a result of divorce, separation or death, the members of the family who have been granted refugee status pursuant to subparagraph 1 above shall continue to enjoy this status, except in cases of fraud as set out in article 6, subparagraph 1.

3. For the purposes of subparagraphs 1 and 2 above, the following are considered family members of any person with recognised refugee status: his or her refugee spouse and dependent children under the age of 18 years old.

2. The Republic of Djibouti, with the support of international institutions, shall assist with the restoration of family reunification.

Djibouti, Law on the Status of Refugees in the Republic of Djibouti, 2017, Articles 2, 3(b), 4(a) and 8–9.

Georgia

Georgia’s Law on Internally Displaced Persons (2014) states: “All IDPs [internally displaced persons] have the right to respect [for] family unity. Family shall not be artificially disintegrated or united against the will of family members.”

Georgia, Law on Internally Displaced Persons, 2014, Article 13(1).

The Law on Internally Displaced Persons (2014) defines an internally displaced person as follows:

A citizen of Georgia or a stateless person with a status residing in Georgia shall be considered as an IDP, if he/she was forced to leave his/her permanent place of residence because of threat to his/her or his/her family member[s’] life, health or freedom caused by the occupation of the territory by a foreign state, aggression, armed conflict, mass violence and/or massive human rights violations and/or he/she cannot return to his/her permanent place of residence due to the above mentioned reasons.

Georgia, Law on Internally Displaced Persons, 2014, Article 6(1).

Guinea

Guinea’s Children’s Code (2008) states: “During an armed conflict, measures for temporary evacuation of children as a result of hostilities shall be taken in accordance with the rules of International Humanitarian Law, particularly with regard to … preserving family unity.”

Guinea, Children’s Code, 2008, Article 437.

Ireland

Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Article 49 of the Geneva Convention IV, as well as any “contravention” of the 1977 Additional Protocol II, including violations of Article 4(3)(b), are punishable offences.

Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment.

Norway, Military Penal Code, 1902, as amended in 1981, § 108.

Peru

Peru’s Law on Internal Displacement (2004) states: “The authorities responsible for the … [forced] displacement shall ensure to the greatest practicable extent … that members of the same family are not separated.”

Peru, Law on Internal Displacement, 2004, Article 8(2).

Peru

Peru’s Regulations to the Law on Internal Displacement (2005) states:

Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:

…

ñ) Family unity even when the persons are interned in camps for internally displaced persons.

Peru, Regulations to the Law on Internal Displacement, 2005, Article 6(ñ).

Philippines

The Act on Child Protection (1992) of the Philippines provides:

All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict …

Whenever possible, members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and be provided with facilities to lead a normal family life.

In 2007, in its second periodic report to the Committee on the Rights of the Child, Chad stated:

235. Chad is having to cope with an influx of refugees as a result of the conflicts which broke out in 2003 in Darfur and the Central African Republic.

236. In 2005, the east of the country was sheltering 220,000 refugees from Darfur, 60 per cent of them aged under 18.

237. In the south, Chad is sheltering some 40,000 refugees from the Central African Republic. Some 5,500 refugees are estimated to be living in urban areas. They are from the Democratic Republic of the Congo, Liberia, Sierra Leone and Rwanda, as well as from Sudan and the Central African Republic.

…

239. In the case of unaccompanied children, arrangements for identification … , family search and family reunification have been put in place.

Chad, Second periodic report to the Committee on the Rights of the Child, 14 December 2007, UN Doc. CRC/C/TCD/2, submitted 7 June 2007, §§ 235–237 and 239.

Germany

In 2005, in its Seventh Human Rights Policy Report submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:

With the 1998 guidelines on the handling of crises related to internally displaced persons (“Guiding Principles on Internal Displacement”) by the then Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons, Francis Deng, the international community has a practice-oriented document, which summarizes existing standards on the protection of internally displaced persons and gives further recommendations. Although these guiding principles are not a binding instrument under international law, their acceptance by States, international organizations and NGOs has continued to grow over the past years, so that now they are virtually regarded as customary international law.

In 1996, in its initial report to the Committee on the Rights of the Child, the Lao People’s Democratic Republic (Lao PDR) stated:

Issues of refugee children in the Lao PDR have not been recorded in statistics by age group or number. During the war, displacement of Lao children from one locality to another or from one province to another within the country caused few social problems, as according to Lao custom, these children usually stayed with their relatives. The exact number of Lao children who took refuge abroad and subsequently returned is unknown.

In 2007, in its National Policies on Internally Displaced Persons, Nepal stated:

1. Background

…

Due to natural disasters, human-made circumstances and disasters, armed conflict and situations of violence and fears having [been] created therefrom, persons and families are forcefully displaced from their homes or places of their habitual residence and thus they are time and again required to face such situations that force them to reside in other parts of the country. …

…

3. Definition[s]:

For the purpose of these Policies:

(a) “Internally Displaced Person” means a person who is living somewhere else in the country after having [been] forced to flee or leave their home or place of habitual residence due to armed conflict or situation of violence or gross violations of human rights or natural disasters or human-made disasters … or with an intention of avoiding the effects of such situations.

…

8.3 Regarding … [Reintegration]

8.3.1 Displaced persons or families will have the freedom of returning voluntarily to the places of their permanent … [residence] from where they were … [originally] displaced or of residing in the place of current … [residence] or … [of rehabilitation] in other places of their choice within the country. Each of the displaced persons will be provided with opportunities to return to his/her place of habitual residence, … [rehabilitation] and also … integrating with their disintegrated family.

In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Nigeria stated:

The armed conflicts in Sierra Leone and Liberia caused an influx of refugees into Nigeria, the bulk of them are women and children. The National Commission for Refugees (NCR) maintains a camp in Oru, Ogun State …

… Refugee children enjoy equal rights as nationals with regards to all the rights enshrined in the CRC [1989 Convention on the Rights of the Child], for instance:

…

- Family Tracing: In 2006, in collaboration with the International Committee for Red Cross (ICRC), over 300 requests for family tracing were received from refugees in Nigeria and about 265 messages from other countries were distributed in the camp.

Nigeria, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 5 January 2009, UN Doc. CRC/C/NGA/3-4, submitted 19 May 2008, § 8.2.1.

Philippines

The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provides: “In case of evacuations members of the same family must not be separated from each other.”

In 2008, in its second periodic report to the Committee on the Rights of the Child, Tajikistan stated: “Over the last 10 years, the conflict in Afghanistan has driven about a thousand Afghans to seek refuge in Tajikistan.”

Tajikistan, Second periodic report to the Committee on the Rights of the Child, 2 April 2009, UN Doc. CRC/C/TJK/2, submitted 21 February 2008, § 8.

In the report, Tajikistan also stated:

540. The refugee children come from the Islamic Republic of Afghanistan. …

…

548. The migration service of the Ministry of Labour and Social Protection has set up a group of four people to deal with the problems of refugee children. …

…

549. The group in question seeks to reunite refugee children with their parents and other family members. Recently, acting in close cooperation with United Nations agencies and inter-governmental organizations, the group succeeded in finding several children in the city of Rostov-on-Don and reuniting them with their family.

Tajikistan, Second periodic report to the Committee on the Rights of the Child, 2 April 2009, UN Doc. CRC/C/TJK/2, submitted 21 February 2008, §§ 540 and 548–549.

In a resolution adopted in 1996 on the rights of the child, the UN General Assembly:

Calls upon States and United Nations bodies and other organizations to ensure the early identification and registration of unaccompanied refugee and internally displaced children and to give priority to programmes for family tracing and reunification.

In a resolution adopted in 1997 on the rights of the child, the UN General Assembly:

Expresses its deep concern about the growing number of unaccompanied refugee and internally displaced children, and calls upon all States and United Nations bodies and agencies to ensure the early identification and registration of unaccompanied refugee and internally displaced children, to give priority to programmes for family tracing and reunification, and to continue monitoring the care arrangements for unaccompanied refugee and internally displaced children.

In a resolution adopted in 1998 on the rights of the child, the UN General Assembly:

Expresses its deep concern about the growing number of unaccompanied refugee and internally displaced children, and calls upon all States and United Nations bodies and agencies to ensure the early identification and registration of unaccompanied refugee and internally displaced children, to give priority to programmes for family tracing and reunification and to continue monitoring the care arrangements for unaccompanied refugee and internally displaced children.

In a resolution adopted in 2003 on assistance to unaccompanied refugee minors, the UN General Assembly:

Calls upon the Office of the United Nations High Commissioner for Refugees, in cooperation with other relevant United Nations bodies, to incorporate into its programmes policies that aim at preventing the separation of refugee families, conscious of the importance of family unity.

In a resolution adopted in 1997 on the rights of the child, the UN Commission on Human Rights called upon all States and United Nations bodies and agencies:

To ensure the early identification and registration of unaccompanied refugee and internally displaced children, to give priority to programmes for family tracing and reunification, and to continue monitoring the care arrangements for unaccompanied refugee and internally displaced children.

In a resolution adopted in 1998 on the rights of the child, the UN Commission on Human Rights called upon all States and United Nations bodies and agencies, in coordination with other international humanitarian organizations such as the International Committee of the Red Cross:

To ensure the early identification and registration of unaccompanied refugee and internally displaced children, to give priority to programmes for family tracing and reunification, and to continue monitoring the care arrangements for unaccompanied refugee and internally displaced children.

In a resolution adopted in 2005 on the abduction of children in Africa, the UN Commission on Human Rights called upon African States:

To take adequate measures to prevent the abduction and recruitment of children by armed forces and armed groups and their participation in hostilities, through, inter alia, … practical measures such as prompt and comprehensive birth registration of all children (including refugee and internally displaced children), documentation of children, preservation of family unity and its facilitation in case of separation.

In 1997, in its Conclusion on Refugee Children and Adolescents, the UNHCR Executive Committee urged “States and concerned parties to take all possible measures to protect child and adolescent refugees, inter alia, by: (i) preventing separation of children and adolescent refugees from their families and promoting … family reunification”.

In 1998, in his report on unaccompanied refugee minors, which included a discussion on internally displaced children, the UN Secretary-General concluded:

On a daily basis, in crisis settings such as those currently in Sierra Leone, Guinea-Bissau and Kosovo, children trapped in and fleeing from war zones were involuntarily separated from their families … Member States are urged to adhere to and promote the Convention on the Rights of the Child and to support measures that will avoid involuntary family separation.

In 1996, in a report on the situation of human rights in the territory of the former Yugoslavia, the Special Rapporteur of the UN Commission on Human Rights stated that the Croatian Office for Displaced Persons and Refugees had advised the Office of the High Commissioner for Human Rights “that emphasis in the immediate future will be placed on applications for return from relatives of elderly Serbs remaining in the former sectors, who required the assistance of younger family members to lead a normal life”. The Special Rapporteur also noted: “Some 12,000 Croatian Serb refugees have received the permission to return … mostly on the basis of family reunification or proof of citizenship.”

UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in the Former Yugoslavia, Periodic report, UN Doc. E/CN.4/1997/9, 22 October 1996, §§ 50–51; see also Special periodic report on minorities, UN Doc. E/CN.4/1997/8, 25 October 1996, § 128.

UN High Commissioner for Refugees

In 1992, in two joint statements on the evacuation of children from the former Yugoslavia, UNHCR and UNICEF highlighted the needs of families during emergency evacuations, in particular the need to respect family unity as a guiding principle in all evacuation operations. They also stated that where families were separated during the process, “evacuations, reception and care should be planned with a view to the earliest possible reunification between parents and children”.

UNHCR and UNICEF, Joint statement on the evacuation of children from former Yugoslavia, 13 August 1992, § 5; Joint statement No. 2 supported by the ICRC and the Federation of Red Cross and Red Crescent Societies, 16 December 1992, § 2.

United Nations Children’s Fund

In 1992, in two joint statements on the evacuation of children from the former Yugoslavia, UNHCR and UNICEF highlighted the needs of families during emergency evacuations, in particular the need to respect family unity as a guiding principle in all evacuation operations. They also stated that where families were separated during the process, “evacuations, reception and care should be planned with a view to the earliest possible reunification between parents and children”.

UNHCR and UNICEF, Joint statement on the evacuation of children from former Yugoslavia, 13 August 1992, § 5; Joint statement No. 2 supported by the ICRC and the Federation of Red Cross and Red Crescent Societies, 16 December 1992, § 2.

In a recommendation adopted in 1992 concerning displaced populations in the former Yugoslavia, the Council of Europe Parliamentary Assembly called upon member States to take urgent measures “to assist unaccompanied children, victims of the crisis, to withstand the distress and reunite with their families”.

In 1994, in a report on Rwanda, the Rapporteur of the Council of Europe Parliamentary Assembly emphasized that particular attention should be paid to the problems experienced by unaccompanied children during internal displacement. He recommended that schemes to register such children and to help them reunite with their families, such as the “Radio-Link BBC-Rwanda” established by the ICRC, be encouraged.

The 24th International Conference of the Red Cross in 1981 adopted a Statement of Policy on International Red Cross Aid to Refugees, which provided:

The Central Tracing Agency of the ICRC is also always ready in co-operation with National Societies to act in aid of refugees and displaced persons, for instance by facilitating the reuniting of dispersed families, by organizing the exchange of family news and by tracing missing persons. Where necessary, it offers its cooperation to the UNHCR, as well as its technical assistance to National Societies to enable them to set up and develop their own tracing and mailing services.

24th International Conference of the Red Cross, Manila, 7–14 November 1981, Res. XXI, Annex, Statement of Policy on International Red Cross Aid to Refugees, § 9.

International Conference of the Red Cross (1986)

The 25th International Conference of the Red Cross in 1986 adopted a resolution on the protection of children in armed conflicts in which it referred to the 1949 Geneva Conventions and the two 1977 Additional Protocols and recommended that “all necessary measures be taken to preserve the unity of the family and to facilitate the reuniting of families”.

The 26th International Conference of the Red Cross and Red Crescent in 1995 adopted a resolution on protection of the civilian population in period of armed conflict in which it demanded that all parties to armed conflict avoid any action aimed at, or having the effect of, causing the separation of families in a manner contrary to international humanitarian law. In the same resolution, it also appealed to States to “do their utmost to solve the serious humanitarian issue of dispersed families without delay” and emphasized that “family reunification must begin with the tracing of separated family members at the request of one of them and end with their coming together as a family”.

In 1997, in its concluding observations on the report of Myanmar, the Committee on the Rights of the Child recommended that Myanmar “reinforce its central tracing agency to favour family reunification”.

Committee on the Rights of the Child, Concluding observations on the report of Myanmar, UN Doc. CRC/C/15/Add. 69, 24 January 1997, § 40.

To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that: “The occupying power undertaking evacuation shall ensure, to the greatest practicable extent, … that members of the same family are not separated”.

Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 836.

The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states: “Every effort shall be made to enable those so displaced who wish to remain together to do so. Families whose members wish to remain together must be allowed to do so.”

Note: For practice concerning the specific needs of women in general, see Rule 134. For practice concerning the specific needs of children in general, including education for displaced children, see Rule 135. For practice concerning the specific needs of the elderly in general, see Rule 138.

No party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a foreign country except for a temporary evacuation where compelling reasons of health or medical treatment of the children or, except in occupied territory, their safety so require. Where the parents or the legal guardians can be found, their written consent to such evacuation is required … In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the evacuation. Whenever an evacuation occurs … each child’s education, including his religious and moral education as his parents desire, shall be provided while he is away with the greatest continuity … [An identification card providing full details] shall be established for each child.

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 8 June 1977, Article 78. Article 78 was adopted by consensus. CDDH, Official Records, Vol. VI, CDDH/SR.43, 27 May 1977, p. 254.

Convention on the Rights of the Child

Article 22 of the 1989 Convention on the Rights of the Child provides:

States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.

Convention on the Rights of the Child, adopted by the UN General Assembly, Res. 44/25, 20 November 1989, Article 22.

African Charter on Human and Peoples’ Rights

Article 23 of the 1990 African Charter on the Rights and Welfare of the Child provides:

1. States Parties to the present Charter shall take all appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law shall, whether unaccompanied or accompanied by parents, legal guardians or close relatives, receive appropriate protection and humanitarian assistance in the enjoyment of the rights set out in this Charter and other international human rights and humanitarian instruments to which the States are Parties.

2. States Parties shall undertake to cooperate with existing international organizations which protect and assist refugees in their efforts to protect and assist such a child and to trace the parents or other close relatives of an unaccompanied refugee child in order to obtain information necessary for reunification with the family …

3. The provisions of this Article apply mutatis mutandis to internally displaced children whether through natural disaster, internal armed conflicts, civil strife, breakdown of economic and social order or howsoever caused.

African Charter on the Rights and Welfare of the Child, adopted by the Sixteenth Ordinary Session of the OAU Assembly of Heads of State and Government, Res. 197 (XVI), Monrovia, 17–20 July 1990, OAU Doc. CAB/LEG/24.9/49 (1990), Article 23.

Inter-American Convention on Violence against Women

Article 9 of the 1994 Inter-American Convention on Violence against Women provides:

States parties shall take special account of the vulnerability of women to violence by reason of … their status as … refugees or displaced persons … [and by reason of being] affected by armed conflict.

Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, adopted by the Twenty-fourth Regular Session of the OAS General Assembly, Res. 1257 (XXIV-O/94), Belém do Pará, 9 June 1994, Article 9.

Kampala Convention

Article 9(2)(c) of the 2009 Kampala Convention provides that States Parties shall:

Provide special protection for and assistance to internally displaced persons with special needs, including separated and unaccompanied children, female heads of households, expectant mothers, mothers with young children, the elderly, and persons with disabilities or with communicable diseases.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 9(2)(c).

Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia

Paragraph 4 of the 1991 Memorandum of Understanding on the Application of IHL between Croatia and the Socialist Federal Republic of Yugoslavia requires that all civilians be treated in accordance with Article 78 the 1977 Additional Protocol I.

Memorandum of Understanding on the Application of International Humanitarian Law between Croatia and the Socialist Federal Republic of Yugoslavia, Geneva, 27 November 1991, § 4.

Sarajevo Declaration on Humanitarian Treatment of Displaced Persons

The 1992 Sarajevo Declaration on Humanitarian Treatment of Displaced Persons made specific reference to women, children and the elderly as forming particularly vulnerable segments of the displaced population.

Sarajevo Declaration on Humanitarian Treatment of Displaced Persons, signed by the parties to the conflict in Bosnia and Herzegovina under the auspices of the United Nations High Commissioner for Refugees, Sarajevo, 11 April 1992, annexed to Report of the UN Secretary-General pursuant to UN Security Council resolution 749, UN Doc. S/23836, 24 April 1992, Annex III, pp. 12–13.

Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina

Paragraph 2.3 of the 1992 Agreement on the Application of IHL between the Parties to the Conflict in Bosnia and Herzegovina requires that all civilians be treated in accordance with Article 78 the 1977 Additional Protocol I.

Agreement between Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representatives of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Miljenko Brkić (President of the Croatian Democratic Community), Geneva, 22 May 1992, § 2.3.

UN Declaration on the Elimination of Violence against Women

The preamble to the 1993 UN Declaration on the Elimination of Violence against Women expressed the UN General Assembly’s concern that “some groups of women, such as … refugee women, elderly women and women in situations of armed conflict are especially vulnerable to violence”.

Declaration on the Elimination of Violence against Women, adopted by the UN General Assembly, Res. 48/104, 20 December 1993, preamble.

Certain internally displaced persons, such as children, especially unaccompanied minors, expectant mothers, mothers with young children, female heads of households, persons with disabilities and elderly persons, shall be entitled to protection and assistance required by their condition, and to treatment which takes into account their special needs.

Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 4(2).

Special attention should be paid to the health needs of women, including access to female health care providers and services, such as reproductive health care, as well as appropriate counselling for victims of sexual abuse and other abuses.

Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 19(2).

No party to the conflict shall undertake the evacuation of children to a foreign country. If an evacuation has been undertaken, all the necessary measures shall be taken to facilitate the return of the children to their families and their country.

Children who are not nationals of the state may not be evacuated by that state to a foreign country unless the evacuation is temporary and accords to certain conditions set out in [the 1977 Additional Protocol I].

9.20 Refugees and those fleeing armed conflict are protected persons who must at all times be treated humanely and shall not be attacked or threatened with acts or threats of violence … Women shall be especially protected against attack in particular against rape and any form of indecent assault. …

…

9.50 … [C]hildren who are not nationals of the state may not be evacuated by that state to a foreign country unless the evacuation is temporary and accords to certain conditions set out in G. P. I. [1977 Additional Protocol I].

Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.20 and 9.50.

The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).

Djibouti

Djibouti’s Manual on International Humanitarian Law (2004) states that “children below the age of fifteen who have become orphans or have been separated from their families for reasons related to the war may not be left to themselves”.

Indonesia’s Military Manual (1982) states that parties to the conflict should ensure the protection of unaccompanied children under 15 years old. Such children should be educated and provided with adequate food. In hostile situations, children should be evacuated to neutral States, and children under 12 years old should wear an identity disc.

It is the responsibility of the Provincial Governments, through the Sub-Groups on Displaced Persons and Refugees of the Provincial Humanitarian Coordination Groups, to carry out the following:

…

c) To identify the displaced persons who wish to be resettled or return to their areas of origin, giving particular attention to the most vulnerable (widows, children, elderly, disabled) who may require special assistance.

Belarus’s Law on the Rights of the Child (1993) states that children of refugees must be protected and provided with material and medical assistance by the public authorities.

Belarus, Law on the Rights of the Child, 1993, Article 30.

Colombia

Colombia’s Law on Internally Displaced Persons (1997) has established a National Plan in order to, inter alia, pay special attention to women and children.

Colombia, Law on Internally Displaced Persons, 1997, Article 10(7); see also Criminal Code, 1999, Article 127 (for forcible transfer of children to another group as a part of a genocide campaign).

Croatia

Croatia’s Law on Displaced Persons and Directive on Displaced Persons (1993) provide that Croatia shall ensure that displaced children are educated and that their basic needs in terms of accommodation, food, health care and social integration are met.

The Democratic Republic of the Congo’s Law on Child Protection (2009) states:

Article 41

A displaced or refugee child, or a child seeking to obtain refugee status, whether accompanied or not by his parents, a close relative or any other person, is entitled to protection, support and humanitarian assistance.

The State shall ensure the exercise of his rights.

Democratic Republic of the Congo, Law on Child Protection, 2009, Article 41.

The Law also states:

Article 2

For the purpose of the present law, it is understood as:

1. child: every person under the age of 18;

2. displaced child: a child, non-accompanied by his or her parents or guardian, who was forced to leave his home environment as a result of war, natural disasters or other serious events, and settled elsewhere within the country where he resides;

3. refugee child: a child who was forced to flee his country by crossing an international border, and who claims refugee status or any other form of international protection.

Democratic Republic of the Congo, Law on Child Protection, 2009, Article 2(1)–(3).

Denmark

Denmark’s Military Criminal Code (1973), as amended in 1978, provides:

Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].

Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).

Denmark’s Military Criminal Code (2005) provides:

Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].

Denmark, Military Criminal Code, 2005, § 36(2).

Guinea

Guinea’s Children’s Code (2008) states:

Competent Guinean authorities shall take all appropriate measures to ensure that a Child seeking to obtain a refugee status or a Child considered a refugee receives the protection and humanitarian assistance he or she is entitled to irrespective of whether he or she is accompanied by his or her parents, a legal guardian or a next of kin.

Guinea, Children’s Code, 2008, Article 432.

Ireland

Under Ireland’s Geneva Conventions Act (1962), as amended in 1998, any “minor breach” of the 1977 Additional Protocol I, including violations of Article 78, is a punishable offence.

Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the two additional protocols to [the 1949 Geneva] Conventions … is liable to imprisonment.

Norway, Military Penal Code, 1902, as amended in 1981, § 108(b).

Peru

Peru’s Regulations to the Law on Internal Displacement (2005) states:

Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:

…

p) Special attention to the health needs of women, with particular attention to victims of sexual assault.

Peru, Regulations to the Law on Internal Displacement, 2005, Article 6(p).

The Regulations also states:

The following groups of internally displaced persons shall receive special protection and attention due to their vulnerable situation which exposes them to a greater risk of suffering violations of human rights, physical attacks and other similar acts:

1. Girls, boys and adolescents, especially orphans or children who were abandoned, whose parents are missing and/or whose parents are incarcerated;

2. Persons with disabilities;

3. Elderly persons.

Peru, Regulations to the Law on Internal Displacement, 2005, Article 11(1)–(3); see also Article 14.

Philippines

The Act on Child Protection (1992) of the Philippines provides:

Children should be given priority during evacuation as a result of armed conflict. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being …

In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. Whenever possible, children shall be given opportunities for physical exercise, sports and outdoor games.

In 1987, in the Petane case, the Cape Provincial Division of South Africa’s Supreme Court dismissed the accused’s claim that the 1977 Additional Protocol I reflected customary international law. The Court stated:

The accused has been indicted before this Court on three counts of terrorism, that is to say, contraventions of s 54(1) of the Internal Security Act 74 of 1982. He has also been indicted on three counts of attempted murder.

…

The accused’s position is stated to be that this Court has no jurisdiction to try him.

…

… The point in its early formulation was this. By the terms of [the 1977 Additional] Protocol I to the [1949] Geneva Conventions the accused was entitled to be treated as a prisoner-of-war. A prisoner-of-war is entitled to have notice of an impending prosecution for an alleged offence given to the so-called “protecting power” appointed to watch over prisoners-of-war. Since, if such a notice were necessary, the trial could not proceed without it, Mr Donen suggested that the necessity or otherwise for giving such a notice should be determined before evidence was led. …

…

On 12 August 1949 there were concluded at Geneva in Switzerland four treaties known as the Geneva Conventions. …

South Africa was among the nations which concluded the treaties. … Except for the common art 3, which binds parties to observe a limited number of fundamental humanitarian principles in armed conflicts not of an international character, they apply to wars between States.

After the Second World War many conflicts arose which could not be characterised as international. It was therefore considered desirable by some States to extend and augment the provisions of the Geneva Conventions, so as to afford protection to victims of and combatants in conflicts which fell outside the ambit of these Conventions. The result of these endeavours was Protocol I and Protocol II to the Geneva Conventions, both of which came into force on 7 December 1978.

Protocol II relates to the protection of victims of non-international armed conflicts. Since the State of affairs which exists in South Africa has by Protocol I been characterised as an international armed conflict, Protocol II does not concern me at all.

…

The extension of the scope of art 2 of the Geneva Conventions was, at the time of its adoption, controversial. …

The article has remained controversial. More debate has raged about its field of operation than about any other articles in Protocol I. …

South Africa is one of the countries which has not acceded to Protocol I. Nevertheless, I am asked to decide, as I indicated earlier, as a preliminary point, whether Protocol I has become part of customary international law. If so, it is argued that it would have been incorporated into South African law. If it has been so incorporated it would have to be proved by one or other of the parties that the turmoil which existed at the time when the accused is alleged to have committed his offences was such that it could properly be described as an “armed conflict” conducted by “peoples” against a “ra[c]ist regime” in the exercise of their “right of self-determination”. Once all this has been shown it would have to be demonstrated to the Court that the accused conducted himself in such a manner as to become entitled to the benefits conferred by Protocol I on combatants, for example that, broadly speaking, he had, while he was launching an attack, distinguished himself from civilians and had not attacked civilian targets. …

…

… I am prepared to accept that where a rule of customary international law is recognised as such by international law it will be so recognised by our law.

…

To my way of thinking, the trouble with the first Protocol giving rise to State practice is that its terms have not been capable of being observed by all that many States. At the end of 1977 when the treaty first lay open for ratification there were few States which were involved in colonial domination or the occupation of other States and there were only two, South Africa and Israel, which were considered to fall within the third category of ra[c]ist regimes. Accordingly, the situation sought to be regulated by the first Protocol was one faced by few countries; too few countries in my view, to permit any general usage in dealing with armed conflicts of the kind envisaged by the Protocol to develop.

…

Mr Donen contended that the provisions of multilateral treaties can become customary international law under certain circumstances. I accept that this is so. There seems in principle to be no reason why treaty rules cannot acquire wider application than among the parties to the treaty.

Brownlie Principles of International Law 3rd ed at 13 agrees that non-parties to a treaty may by their conduct accept the provisions of a multilateral convention as representing general international law. …

…

I incline to the view that non-ratification of a treaty is strong evidence of non-acceptance.

…

It is interesting to note that the first Protocol makes extensive provision for the protection of civilians in armed conflict. …

…

In this sense, Protocol I may be described as an enlightened humanitarian document. If the strife in South Africa should deteriorate into an armed conflict we may all one day find it a cause for regret that the ideologically provocative tone of s 1(4) has made it impossible for the Government to accept its terms.

…

To my mind it can hardly be said that Protocol I has been greeted with acclaim by the States of the world. Their lack of enthusiasm must be due to the bizarre mixture of political and humanitarian objects sought to be realised by the Protocol. …

…

According to the International Review of the Red Cross (January/February 1987) No 256, as at December 1986, 66 States were parties to Protocol I and 60 to Protocol II, which, it will be remembered, deals with internal non-international armed conflicts. With the exception of France, which acceded only to Protocol II, not one of the world’s major powers has acceded to or ratified either of the Protocols. This position should be compared to the 165 States which are parties to the Geneva Conventions.

This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status o[f] customary international [law].

…

I have not been persuaded by the arguments which I have heard on behalf of the accused that the assessment of Professor Dugard, writing in the Annual Survey of South African Law (1983) at 66, that “it is argued with growing conviction that under contemporary international law members of SWAPO [South-West Africa People’s Organisation] and the ANC [African National Congress] are members of liberation movements entitled to prisoner-of-war status, in terms of a new customary rule spawned by the 1977 Protocols”, is correct. On what I have heard in argument I disagree with his assessment that there is growing support for the view that the Protocols reflect a new rule of customary international law. No writer has been cited who supports this proposition. Here and there someone says that it may one day come about. I am not sure that the provisions relating to the field of application of Protocol I are capable of ever becoming a rule of customary international law, but I need not decide that point today.

For the reasons which I have given I have concluded that the provisions of Protocol I have not been accepted in customary international law. They accordingly form no part of South African law.

This conclusion has made it unnecessary for me to give a decision on the question of whether rules of customary international law which conflict with the statutory or common law of this country will be enforced by its courts.

In the result, the preliminary point is dismissed. The trial must proceed.

In 2010, in the Boeremag case, South Africa’s North Gauteng High Court stated:

In Petane, … Conradie J found that the provisions of [the 1977 Additional] Protocol I are not part of customary international law, and therefore are also not part of South African law.

…

Referring to the fact that in December 1986 only 66 of the 165 States party to the Geneva Conventions had ratified Protocol I, the Court [in Petane] stated:

This approach of the world community to Protocol I is, on principle, far too half-hearted to justify an inference that its principles have been so widely accepted as to qualify them as rules of customary international law. The reasons for this are, I imagine, not far to seek. For those States which are contending with “peoples[’]” struggles for self-determination, adoption of the Protocol may prove awkward. For liberation movements who rely on strategies of urban terror for achieving their aims the terms of the Protocol, with its emphasis on the protection of civilians, may prove disastrously restrictive. I therefore do not find it altogether surprising that Mr Donen was unable to refer me to any statement in the published literature that Protocol I has attained the status of customary international law.

Important changes with respect to certain aspects applicable at the time of Petane have taken place. The ANC [African National Congress] has become South Africa’s ruling party and in 1995 ratified Protocol I. The total number of States that have ratified it, is now … 162.

This last aspect forms the basis on which the First Respondent [the State] and the applicants agree that Protocol I forms part of customary international law as well as of South African law. As requested, this position is accepted for the purposes of the decision, without deciding on the matter.

Despite these changes, it remains debatable whether the provisions of Protocol I have become a part of South African law in this way.

The consensus of both parties to the conflict is required. See Petane … and Article 96 of Protocol I. …

Parliament’s failure to incorporate Protocol I into legislation in accordance with Article 231(4) of the Constitution in fact points to the contrary, and is indicative that the requirements of usus and/or opinio juris have not been met. See Petane.

If the [1977 Additional Protocol I] applies in South Africa as customary international law, the two requirements that form the basis of customary law must be met. It is arguable that the requirement of usus has been met by the vast number of States that have acceded or ratified it. By ratifying Protocol I the Republic of South Africa has indicated its intention to apply the Protocol, thereby fulfilling the requirement of opinio juris.

In 2009, in its initial report to the Committee on the Rights of the Child, Afghanistan stated:

National Strategy for Children at Risk

55. This strategy was adopted in 2006 and seeks to provide a framework for the development of a network of services and programmes which protect children and support their families … The aim is to protect children from exploitation, violence, and abuse. Various categories of children have been identified as “at risk” … Through implementation of this strategy over the last three years 2,366,177 children have been protected.

…

164. The MoLSAMD [Ministry of Labour, Social Affairs, Martyrs & Disabled] adopted the National Strategy for Children at Risk in 2006. One of the Strategy’s objectives is to build a supportive environment for children at risk by creating conditions for: adequate income and livelihoods for the maintenance of children; suitable and affordable shelters; access to basic healthcare; awareness on importance of nutrition; access to quality education; enabling a secure environment; preventing underage and forced marriages; social protection; awareness on respecting the rights of children; and access to safe drinking water.

Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, §§ 55 and 164.

Afghanistan also stated that the category of “children at risk” includes “affected children … , internally displaced … children”.

176. In Afghanistan there are no street children, but there are child street workers who resort to working in the streets because of their families’ poor economic conditions, conflict-related problems (internal displacement and weakening of community support networks), and lack of educational opportunities.

…

178. The existence of child street workers is a big challenge for the Government and civil society. The Government, in cooperation with international organizations, has established drop-in day centres to support these children. The children come to the centres daily at specific hours. Here they have access to schooling, learning skills of their interest, and food, after which they go back to their work. These centres have teachers, social workers, and other service personnel.

Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, §§ 176 and 178.

Afghanistan also stated that: “The laws of Afghanistan define all individuals under the age of 18 years as a child.”

Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, § 72.

Burundi

In 2008, in its second periodic report to the Committee on the Rights of the Child, Burundi stated:

295. In addition to experiencing the flight of its populations to other countries, Burundi has also taken in refugees from its neighbours, including the Democratic Republic of the Congo and Rwanda. Children account for the largest percentage of these refugees. They receive assistance from UNHCR, and the Government provides camps. Three refugee camps for Congolese have been opened in the country, one in Gasorwe, the second in Mwaro and the third in Nagagara, a neighbourhood in Bujumbura. Rwandan refugees arrive from time to time and are quickly repatriated to their country.

296. The camps accommodate nearly 3,000 children under 18 years of age. An unknown number of urban refugee children, mainly of Congolese origin, are also in the camps, where they benefit from the protection of UNHCR, which ensures respect for their rights. They also receive material assistance from UNHCR, which distributes food and other basic necessities (foodstuffs once a month, cooking utensils, mosquito nets, blankets, jerry cans, pails, mats, soap and clothing). Pregnant women in the camps receive a kit for their newborns consisting of a carrying sling, diapers and flannels. The kit is in the process of being modified to add soap and baby clothing so as to better meet the needs of newborns. Newborns who cannot be breastfed for medical reasons (mothers who are HIV-positive or have problems lactating) receive infant formula for several months.

297. A nutritional supplement centre has been set up at the Muyinga camp which periodically conducts a survey to ascertain the nutritional health of children and address nutritional deficiencies. More than 1,300 children up to the age of 5 years were tested in April, and 150 received a food supplement package. Children in nurseries at the camp receive baby cereal daily.

299. The following measures are taken with regard to unaccompanied, separated or orphaned children:

- They are placed in families and monitored.

- Individual records are produced to assess their situation and ensure that action is taken in their best interests. The best solution is sought for each individual case.

- Unaccompanied repatriated children are looked after and an attempt is made to reunify them with their families.

300. The following initiatives have been taken at the Mwaro and Muyinga refugee camps with regard to education:

- Classrooms for primary school education have been built; the classrooms are equipped with desks and blackboards.

- Classroom materials are supplied in cooperation with UNICEF and other partners.

- UNHCR supplies school uniforms, where available.

- Assistance is made available so that children raised in the camps can receive secondary school education.

- Support is provided for the functioning of the schools, teacher training, educational follow-up and inspections on the basis of an agreement with a Congolese school in order to facilitate the teaching of the Congolese curriculum. Refugee children at the camps can take tests to enrol in Congolese school in Bujumbura. They receive assistance in the form of transport and food as well as during the examinations.

- Lodging and food are provided for pupils at the camp who passed the tests for admission to the Bujumbura boarding school.

- In close cooperation with UNHCR, the Ministry of Education and Culture holds tests for Burundian children in refugee camps in Tanzania until they are repatriated. UNHCR covers the ensuing costs (logistics, travel expenses). The initiative enables the children to return to school once they are repatriated to Burundi.

Burundi, Second periodic report to the Committee on the Rights of the Child, 7 January 2010, UN Doc. CRC/C/BDI/2, submitted 17 July 2008, §§ 295–300.

Chad

In 2007, in its second periodic report to the Committee on the Rights of the Child, Chad stated:

235. Chad is having to cope with an influx of refugees as a result of the conflicts which broke out in 2003 in Darfur and the Central African Republic.

236. In 2005, the east of the country was sheltering 220,000 refugees from Darfur, 60 per cent of them aged under 18.

237. In the south, Chad is sheltering some 40,000 refugees from the Central African Republic. Some 5,500 refugees are estimated to be living in urban areas. They are from the Democratic Republic of the Congo, Liberia, Sierra Leone and Rwanda, as well as from Sudan and the Central African Republic.

…

239. In the case of unaccompanied children, arrangements for identification, care, monitoring, family search and family reunification have been put in place in order to protect them against sexual abuse and exploitation … in the camps and the host communities.

Chad, Second periodic report to the Committee on the Rights of the Child, 14 December 2007, UN Doc. CRC/C/TCD/2, submitted 7 June 2007, §§ 235–237 and 239.

Chad

In 2009, in its written replies to the issues raised by the Committee on the Rights of the Child with regard to Chad’s second periodic report, Chad stated:

(a) Information concerning children deprived of a family environment and separated from their parents is available only for the following years:

2007: 658, including 207 refugee children and 451 children recruited or used by armed forces and armed groups and separated from their parents

2008: 59 children recruited or used by armed forces and armed groups and separated from their parents

…

(b) In 2006, 326 children were placed in 12 institutions throughout the country, while in 2007, 566 children were placed in 19 institutions throughout the country;

(c) Eight children placed with foster families;

(d) Five children have been fully adopted since January 2008, two girls and three boys, including one child adopted abroad.

Chad, Written replies by the Government of Chad to the Committee on the Rights of the Child concerning the list of issues to be taken up in connection with the second periodic report of Chad, 8 January 2009, UN Doc. CRC/C/TCD/Q/2/Add.1, submitted 7 January 2009, p. 5.

Chad

In 2009, in its written replies to the issues raised by the Human Rights Committee with regard to Chad’s initial report, Chad stated:

8. As a result of the conflict in Darfur in 2003, Chad was faced with an influx of Darfur refugees in the east of the country. In 2005 there were 220,000 refugees from Darfur, 60 per cent of whom were under the age of 18. The refugees are cared for by the Government of Chad with the support of the United Nations and international and national refugee organizations. In 2005 Chad signed a memorandum of understanding on the monitoring of separated or unaccompanied Sudanese children with the International Committee of the Red Cross (ICRC), the Office of the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Children’s Fund (UNICEF).

9. A total of 437 separated and 104 unaccompanied children have been identified and taken into care … Children requesting refugee status are entitled to protection and humanitarian assistance under … international instruments which have been ratified by Chad. Protection and humanitarian assistance are guaranteed to refugees and their children as part of their civil rights and economic, social and cultural rights.

10. Conflict between communities, Janjaweed incursions and rebel attacks have caused the internal displacement of 50,000 persons in the Dar Sila region, 1,981 of them school aged children and 136 children separated from their parents. Protection and humanitarian assistance are provided by United Nations agencies, the Government and national human rights organizations.

11. … [C]hildren … receive basic social and health services. Social workers and humanitarian personnel have received training in listening and counselling techniques, … and children’s rights in general. Play-based activities have been developed to help the children deal with the trauma they have suffered.

Chad, Written replies by the Government of Chad to the Human Rights Committee concerning the list of issues to be taken up in connection with the initial report of Chad, 20 January 2009, UN Doc. CCPR/C/TCD/Q/1/Add.1, submitted 12 January 2009, §§ 8–11.

Chad

In 2012, in its second periodic report to the Human Rights Committee, Chad stated:

76. From 2005 to 2007, a succession of crises at the regional level (in particular the Darfur conflict) and at the national level (insecurity and intercommunity and political tension) caused the internal displacement of some 180,000 persons in the eastern part of Chad, especially in the regions of Ouaddai and Sila. …

…

78. Between 2007 and 2008, intercommunity fighting led to the forced displacement of some 16,000 Chadians within the country, in particular in the regions of Dar Sila and Ouaddai. Most of the displaced women had suffered rape or other forms of sexual violence.

…

81. The Government continues to give priority to the safety of refugees [and] internally displaced persons … in Chad. It is true that general security conditions have improved. Since the departure of MINURCAT [UN Mission in the Central African Republic and Chad], the Chadian integrated security force DIS supported by the United Nations has played and continues to play a key role in maintaining security in and around refugee camps and in protecting convoys of displaced persons returning to their villages of origin. The presence of DIS is essential to … reduce the number of acts of sexual and gender-based violence in and around camps.

The Integrated Security Force is divided into six police stations and six police posts

82. Each station contains a safe cell or protection service for women and children whose task is to prevent and investigate sexual offences and domestic violence and to recommend psychosocial, medical and legal care or assistance.

83. DIS has female staff members who have three main responsibilities:

In 2010, in its combined initial to third periodic reports to the Committee on the Elimination of Discrimination against Women, Côte d’Ivoire stated:

Acts of discrimination occurring as a result of social and political crises

…

73. In 2007, the Ministry of the Family, Women and Social Affairs, in cooperation with UNFPA [United Nations Population Fund], carried out a study on gender-based violence in the district of Abidjan, where most persons displaced by war were concentrated. The study revealed that 21.35 per cent of respondents, consisting mainly of women, were the victims of sexual violence.

…

Situation of displaced, migrant or refugee women

547. The military and political crisis has displaced large numbers of people from the Centre North-West region to the government-controlled area. Displaced persons remain vulnerable economically and in terms of their health. The inadequate living conditions of displaced persons have knock-on effects on their health.

548. The war has led to numerous acts of sexual violence, psychological trauma and lasting physical injuries. It has proved difficult to identify all the new health-care requirements arising from the crisis in the context of efforts to meet needs such as the provision of psychological assistance.

Côte d’Ivoire, Combined initial to third periodic reports to the Committee on the Elimination of Discrimination against Women, 18 October 2010, UN Doc. CEDAW/C/CIV/1-3, submitted 7 September 2010, §§ 73 and 547–548.

Djibouti

In 2016, in its combined initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, Djibouti stated:

II. Articles 1, 2 and 3 of the [1965] Convention [on the Elimination of All Forms of Racial Discrimination]

…

26. As a result of the numerous conflicts in the subregion, the country has taken in a large number of refugees and continues to do so, without distinction as to race, origin or religion.

27. Since 1977 there have been several waves of immigration from neighbouring countries caused by armed conflicts between States: the Ogaden conflict in 1977 between Ethiopia and Somalia; the Badme conflict in 1998 between Ethiopia and Eritrea; and the civil war in Somalia that began in 1991 and led to a large influx of refugees.

28. The first refugees were settled in Dikhil but with the rapidly growing numbers two additional camps were opened by the Government in Holl Holl and Ali Addeh in the Ali-Sabieh region, with the help of the Office of the United Nations High Commissioner for Refugees (UNHCR).

…

32. Since 2015 Djibouti has taken in 17,634 Yemenis fleeing the war in Yemen, of whom two thirds have chosen to settle elsewhere or freely return home. The remaining third are in the Markazi refugee camp near the town of Obock.

…

VI. Article 7

…

156. Education is provided to refugee children by the Office of the United Nations High Commissioner for Refugees (UNHCR) in partnership with the United Nations Educational, Scientific and Cultural Organization (UNESCO) and international non-governmental organizations, such as the Lutheran World Federation.

Djibouti, Initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, 12 April 2016, UN Doc. CERD/C/DJI/1-2, submitted 8 March 2016, §§ 26–28, 32 and 156.

El Salvador

In 1996, during a debate in the UN Commission on Human Rights concerning the conflict in Burundi, El Salvador identified the necessity of taking into account the needs of the “most vulnerable groups of displaced persons and, in particular, disabled persons, including those disabled by mine blasts as a result of the conflict”.

In 2005, in its Seventh Human Rights Policy Report submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:

With the 1998 guidelines on the handling of crises related to internally displaced persons (“Guiding Principles on Internal Displacement”) by the then Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons, Francis Deng, the international community has a practice-oriented document, which summarizes existing standards on the protection of internally displaced persons and gives further recommendations. Although these guiding principles are not a binding instrument under international law, their acceptance by States, international organizations and NGOs has continued to grow over the past years, so that now they are virtually regarded as customary international law.

In 1995, in its initial report to the Committee on the Rights of the Child, Ghana stated: “The sole government agency responsible for abandoned and orphaned children, worked with the Save the Children Fund to provide care for the children affected by the conflict [in the northern part of the country].” Family tracing and reunification assistance services were also established and unaccompanied displaced children were either placed in camps, in orphanages or with relatives.

Ghana, Initial report to the Committee on the Rights of the Child, UN Doc. CRC/C/3/Add.39, 19 December 1995, § 126.

Guinea

In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:

176. More than 80 per cent of separated children are refugees who have been displaced after conflicts broke out in the sub[-]region, in particular in Liberia and Sierra Leone, and following the rebel attacks endured by Guinea in 2000.

…

182. There is a category of children whose families have not been found despite many years of efforts. The solution in these situations should be in the best interest of the child.

183. A unit has been set up to search for long-term solutions for children who have not been reunited with their families. The solutions proposed include:

(a) Finding families for the most vulnerable children;

(b) Setting up income-generating activities for children to help them to become independent;

(c) Ensuring that those remaining with a foster family have a legal status that enables their long-term reintegration into society;

(d) Adoption carried out in accordance with the law, which can be the answer to some children’s problems.

Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 176 and 182–183.

Guinea also stated:

471. Guinea has been greatly affected by the civil wars in Liberia and Sierra Leone that have raged since 24 December 1989. Faithfully observing international human rights agreements, the [1989] Convention [on the Rights of the Child] and the [1990] African Charter on the Rights and Welfare of the Child, Guinea has generously opened its doors to more than half a million refugees, including more than 305,000 children and young persons under 18 years of age (or 61 per cent of the refugee population), traumatized and hounded by a war that threatens their survival. They have been given shelter throughout the national territory, but especially in Guinée Forestière.

…

476. Although a large majority of these children are now placed in foster families, their specific needs as separated children have not been taken into account. However, their wellbeing has become a cause for concern today. To date, few specific programmes have been implemented to meet their needs.

477. The exact number of children affected by this situation is not known. IRC [International Rescue Committee] puts the number of separated children living in Guinea at more than 10,000.

…

482. Action taken:

…

- Placement of unaccompanied and separated children

…

487. There are also shelters and counselling centres for the physical and psychological rehabilitation of … refugee children in particular.

Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 471, 476–477, 482 and 487.

Jordan

The Report on the Practice of Jordan states that special care is provided to children who have been orphaned or separated from their families, the elderly and the disabled.

Report on the Practice of Jordan, 1997, Chapter 5.3.

Nepal

In 2007, in its National Policies on Internally Displaced Persons, Nepal stated:

1. Background

…

Due to natural disasters, human-made circumstances and disasters, armed conflict and situations of violence and fears having [been] created therefrom, persons and families are forcefully displaced from their homes or places of their habitual residence and thus they are time and again required to face such situations that force them to reside in other parts of the country. …

…

3. Definition[s]:

For the purpose of these Policies:

(a) “Internally Displaced Person” means a person who is living somewhere else in the country after having [been] forced to flee or leave their home or place of habitual residence due to armed conflict or situation of violence or gross violations of human rights or natural disasters or human-made disasters … or with an intention of avoiding the effects of such situations.

…

7. Strategies

In order to achieve the objectives of these policies, the following strategies will be adopted:

…

7.10 Specially targeted programmes will be … [implemented] to protect the rights of … [certain] displaced persons such as women, the elderly, children, orphans, disabled persons and similar types of vulnerable groups or persons with special risks.

…

8. Policies

In relation to internal displacement, the following policies will be adopted:

…

8.2. Regarding Relief

…

8.2.4 Taking into consideration the conditions of vulnerable displaced persons such as orphan children without guardians, pregnant women, single women and mothers with small children, the disabled and the elderly, … humanitarian assistance and treatment will be provided [to them] with priority.

…

8.3 Regarding Rehabilitation

8.3.1 Displaced persons or families will have the freedom of returning voluntarily to the places of their permanent … [residence] from where they were … [originally] displaced or of residing in the place of current … [residence] or … [of rehabilitation] in other places of their choice within the country. Each of the displaced persons will be provided with opportunities to return to his/her place of habitual residence, … [rehabilitation] and also … integrating with their disintegrated family.

…

8.3.6 While formulating the necessary [rehabilitation] programmes for … displaced persons …, their participation will be mobilized. Special priority will be given to the participation of women.

9. Programmes

For the implementation of abovementioned strategies and policies, the following programmes will be undertaken:-

…

9.13 Programmes specially targeted at women, the elderly, children and orphans, disabled persons and other such persons.

In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Nigeria stated:

The armed conflicts in Sierra Leone and Liberia caused an influx of refugees into Nigeria, the bulk of them are women and children. The National Commission for Refugees (NCR) maintains a camp in Oru, Ogun State …

… National and [i]nternational CSOs [civil society organizations] have been able to augment government efforts towards the promotion and the protection of the rights of women and children within the camp. Refugee children enjoy equal rights as nationals with regards to all the rights enshrined in the CRC [1989 Convention on the Rights of the Child], for instance:

…

- Health & Nutrition: Refugee children have access to the national health services. Every year immunization against Polio, yellow fever, measles and other vaccine preventable diseases are conducted for all children and adults in the camp, through the National Expanded Programme of Immunization. Free pre-natal services were offered at the government hospitals in Ijebu-Ode and Oru for pregnant women. After delivery, children are immunized progressively from first week to the ninth week.

…

- Birth Registration: Refugee children have access to birth registration through the National Population Commission.

Nigeria, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 5 January 2009, UN Doc. CRC/C/NGA/3-4, submitted 19 May 2008, § 8.2.1.

…

II. RIGHTS OF INTERNALLY DISPLACED CHILDREN:

…

f. ID [Internally Displaced] children shall be entitled to good medical care and immunization against diseases that may cause death, retard their growth or affect their general wellbeing

…

h. This National Policy shall ensure that ID children are protected against torture, sexual exploitation, drug abuse as well as early and force[d] marriage before the age of 18.

…

III. RIGHTS OF INTERNALLY DISPLACED WOMEN:

Conscious of the fact that women are an especially vulnerable group among IDPS … the Federal government, though this National Policy, hereby adopts as follows:

…

b. Every woman in an IDP camp shall have the rights to her privacy;

c. Women in IDP camps shall not be subjected to any form of indignity; including beating, forced labour, sexual abuse, or forceful stripping either for medical examination or other reasons whatsoever without her consent;

d. Under no circumstance shall women and men be lumped together in a room except as husbands and wives or as members of the same family;

e. It is the policy of government to protect Internally Displaced Women from forced marriage. Thus, nobody shall determine the partner of, or the period within which internally displaced women ought to get married;

f. Women in IDP camps shall be entitled to hold any position of authority in camp without any form of discrimination;

g. Women in IDP camps shall be free to take micro-credit and other financial assistance with or without the consent of their husbands for economic self-reliance;

h. Women in IDP camps have the right to own property and disburse the property with or without the consent of their spouses;

i. Every woman in an IDP camp has the right to embark on any form of lawful economic activity of her choice to enhance her well-being and that of her family;

j. Women in IDP camps are entitled to self-development, particularly in the area of education and skill acquisition.

…

III. RIGHTS TO HEALTHCARE:

…

B. In every Internal Displacement camp, there shall be established a special regime for the protection and care of:

-the aged

…

-the pregnant women

-children.

Nigeria, National Commission for Refugees, National Policy on Internally Displaced Persons, 11 March 2011, pp. 20, 24, 29 and 30–32.

Oman

In May 1994, during a debate in the UN Security Council on the situation in Rwanda, Oman made specific reference to the special needs of internally displaced women, children and elderly people.

In 2001, in its second periodic report to the Committee on the Rights of the Child, Pakistan stated: “The facilities provided for the children of the refugees are in consonance with the provisions of the Convention on the Rights of the Child.”

Pakistan, Second periodic report to the Committee on the Rights of the Child, 11 April 2003, UN Doc. CRC/C/65/Add.21, submitted 19 January 2001, § 343.

Pakistan further stated: “The number of refugees within and outside camps will be documented and a record will be maintained for all children by age and gender.”

Pakistan, Second periodic report to the Committee on the Rights of the Child, UN Doc. CRC/C/65/Add.21, submitted 19 January 2001, § 352.

In addition, the report noted: “Pakistan advocates the establishment of an international fund for displaced children for the welfare of cross-border migrant children (whether or not declared as ‘refugees’).”

Pakistan, Second periodic report to the Committee on the Rights of the Child, 11 April 2003, UN Doc. CRC/C/65/Add.21, submitted 19 January 2001, § 356.

Peru

In 1996, during a debate in the UN Commission on Human Rights, Peru reported that in response to the Committee on the Rights of the Child’s concern about the displacement of almost 400,000 children, “the Government had established food aid programmes for displaced children, in particular orphans”.

In 1993, in its report to the Committee on the Rights of the Child, the Philippines stated:

202. [The Special Protection Act of the Philippines provides that] during any evacuation resulting from armed conflict, children are to be given priority … Measures shall be taken to ensure that children who are evacuated are accompanied by persons responsible for their safety and well-being. Whenever possible, members of the same family are to be housed in the same premises.

…

206. Children who are lost, abandoned or orphaned as a result of an armed conflict are referred to the local Council for the Protection of Children or to the Department of Social Welfare and Development. All efforts are undertaken to locate the child’s parents and relatives. Arrangements are made for the temporary care of the child by a licensed foster family or a child-caring agency.

Philippines, Initial report to the Committee on the Rights of the Child, UN Doc. CRC/C/3/Add.23, 3 November 1993, §§ 202 and 206.

Rwanda

In 2003, in its second periodic report to the Committee on the Rights of the Child, Rwanda stated:

As of 30 June 2001, Rwanda had a population of 31,380 refugees, including 30,857 Congolese and 527 Burundians. More than 40% of these refugees were under the age of 18.

The Rwandan Government is cooperating closely with United Nations bodies, in this case the Office of the High Commissioner for Refugees and UNICEF, and with non-governmental organizations in order to meet their needs, to the extent of its resources. Refugee children enjoy the same rights as Rwandan children with respect to health, education and nutritional assistance. For example, their integration or reintegration into the educational system, both formal (nursery, primary and secondary) and informal (literacy and vocational training), has been facilitated.

Rwanda, Second periodic report to the Committee on the Rights of the Child, UN Doc CRC/C/70Add.22, 8 October 2003, § 313.

Special protection measures

17. With regard to special protection measures, laws, policies, strategies and programmes have been established to protect the categories of vulnerable children, namely refugee children, children affected by armed conflicts, children in conflict with the law, children in situations of exploitation, children belonging to a minority or an indigenous group and children living or working in the streets.

Sri Lanka

In 1994, in its initial report to the Committee on the Rights of the Child, Sri Lanka noted:

A special effort is being made to meet the needs of children in varying situations … These include health and nutritional needs of infants and pre-school children, education for children of school age, care and rehabilitation for children traumatized by violence and deprivation of parents, and restoration to homes and families in the case of children who have been separated from parents or who have lost them … The government has been working closely with NGOs to provide the basic needs of households including the special needs of children. Several programmes have been initiated to deal with problems of traumatized children and children separated from parents.

Sri Lanka, Initial report to the Committee on the Rights of the Child, UN Doc. CRC/C/8/Add.13, 5 May 1994, § 146.

Greater inclusion of a gender perspective during and after violent conflicts in emergency aid, reconstruction and in dealing with the past

…

SUBORDINATED GOAL 3

Switzerland implements UNSCR [UN Security Council resolution] 1325 during and after violent conflicts, as well as in fragile contexts through its bilateral measures for emergency aid, reconstruction and dealing with the past.

Measures

1 Emergency aid and reconstruction measures in conflict and post-conflict situations are gender-sensitive and take account of the specific security and basic needs of women and girls in the following areas:

…

- Gender-specific security needs of refugees and internally displaced persons (e.g. in the management of refugee camps and camps for the displaced, and other forms of refugee assistance)

…

5 Activities undertaken to protect and guarantee the rights of internally displaced persons and refugees, and the search for durable solutions are gender-sensitive.

In 2008, in its second periodic report to the Committee on the Rights of the Child, Tajikistan stated: “Over the last 10 years, the conflict in Afghanistan has driven about a thousand Afghans to seek refuge in Tajikistan.”

Tajikistan, Second periodic report to the Committee on the Rights of the Child, 2 April 2009, UN Doc. CRC/C/TJK/2, submitted 21 February 2008, § 8.

In the report, Tajikistan also stated:

540. The refugee children come from the Islamic Republic of Afghanistan. …

…

547. According to information supplied by the migration service, there are at present 705 refugee children enrolled in general schools in Dushanbe, of whom 650 are enrolled at the Somonyon school, where they are taught in their own language, while 52 are enrolled in other institutions where the teaching is in Tajik. Refugee children have access to education in schools close to their place of residence or live and study in boarding schools (Shakhrinau district of the city of Kurgan-Tyube), while some receive a special secondary education.

Tajikistan, Second periodic report to the Committee on the Rights of the Child, 2 April 2009, UN Doc. CRC/C/TJK/2, submitted 21 February 2008, §§ 540 and 547

Thailand

In 2004, in its second periodic report to the UN Committee on the Rights of the Child, Thailand stated:

[C]hildren accompanying their parents or unaccompanied children will be treated in the same way as their parents and other displaced persons. They will receive treatment based on humanitarian principles, and provided with accommodation, food, education, health and medical care. Such services are provided by NGOs under the close supervision of the Government.

Thailand, Second periodic report of Thailand to the UN Committee on the Rights of the Child, 31 May 2005, UN Doc. CRC/C/83/Add.15, submitted 7 June 2004, § 168.

Thailand

In 2005, in reply to a list of issues raised by the UN Committee on the Rights of the Child, Thailand stated:

The Cabinet Resolution issued on 5 July 2005 … requires the Ministry of Education to provide appropriate forms of education for children from neighbouring countries who have fled armed conflicts.

Thailand, Written replies by the Government of Thailand concerning the List of Issues received by the Committee on the Rights of the Child relating to the Consideration of the Second Periodic Report of Thailand, UN Doc. CRC/C/THA/Q/2/Add.1, 29 December 2005, p. 19.

Thailand

In 2009, in its initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, Thailand stated:

37. Preventive measures taken by Thailand with regards to at-risk children, including street children, orphans, disadvantaged children, stateless children, displaced children and children having fled armed conflict, include:

…

B.2.Public health services

41. Other welfare services, health care, etc. are provided to all children indiscriminately, including children who are illegal immigrants. … Children fleeing armed conflicts in temporary shelters are provided basic health care by the Ministry of Interior and NGOs.

Thailand, Initial report to the Committee on the Rights of the Child under the Optional Protocol on the Involvement of Children in Armed Conflict, 19 July 2011, UN Doc. CRC/C/OPAC/THA/1, submitted 30 October 2009, §§ 37 and 41.

Thailand

In 2011, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Thailand stated:

Children in temporary shelters for displaced persons fleeing armed conflict

…

101. The aim of Thailand’s policy towards displaced persons fleeing armed conflict is to provide assistance on a humanitarian basis pending eventual repatriation. While taking refuge in the temporary shelters, displaced persons are forbidden to go out of the designated areas or take any actions that might jeopardize the relationships with Thailand’s neighbors. The management of the camps follows strict guidelines and takes into account the observations and concerns of the CRC Committee [Committee on the Rights of the Child].

102. Some of the measures taken to ensure proper care and treatment of these people are:

…

(d) Protection against human trafficking by imposing restriction of their mobility outside the camps and taking strict legal actions against those attempting to lure or persuade them to seek employment outside;

…

105. Protection of children and women in temporary refuge, apart from measures against the threat of human trafficking, includes bringing in international justice procedures, under a pilot project initiated by UNHCR during 2006–2007 in cooperation with [the] Rights and Liberties Protection Department and the MOI [Ministry of Interior]. There had been incidents of violence and crimes committed in the camps, in which customary laws and procedures could not provide adequate protection and rehabilitation to victims, who were often women and children. Long-term measures in this regard will need further attention from Thailand.

Thailand, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 14 September 2011, UN Doc. CRC/C/THA/3-4, submitted 11 July 2011, §§ 101, 102(d) and 105.

Uzbekistan

In 2010, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Uzbekistan stated:

915. At the beginning of 2006, there were in the country 762 underage refugees from Afghanistan. At the beginning of 2008, there lived in the country 384 refugee families, including 424 minors. At the beginning of 2009, 97 refugee families lived in the country. They comprised 673 persons, 112 of whom were minors, most of them of school age.

916. The staff of internal affairs, national education and health care authorities, in cooperation with local government representatives, take specific steps to protect the rights and interests of refugee children and carry out proactive work to prevent juvenile delinquency among them.

917. Under the Health Care Act, medical attention provided by treatment and preventive care facilities and guaranteed by the State to be free includes children’s examinations and treatment.

Uzbekistan, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 26 January 2012, UN Doc. CRC/C/UZB/3-4, submitted 22 February 2010, §§ 915–917.

Yugoslavia, Federal Republic of

In 1994, in its initial report to the Committee on the Rights of the Child, the Federal Republic of Yugoslavia stated:

A refugee child is entitled to full health care, which covers prevention, emergency medical care, specialist check-ups, dental care, as well as medicaments, hospitalization, and check-ups in health care institutions, etc. …

Disabled children and youth – refugees up to the age of 18 and university students up to 26 – are entitled to specialized and rehabilitation care in institutions for rehabilitation and to orthopaedic and prosthetic appliances and aids.

Yugoslavia, Federal Republic of, Initial report to the Committee on the Rights of the Child, UN Doc. CRC/C/8/Add.16, 17 November 1994, §§ 354–355.

In a resolution adopted in 1993 on Bosnia and Herzegovina, the UN Security Council noted the particular vulnerability of women, children and the elderly in the large-scale forced displacement of civilians.

In a resolution adopted in 2000 on the protection of children in situations of armed conflict, the UN Security Council urged member States and parties to armed conflict “to provide protection and assistance to refugees and internally displaced persons, as appropriate, the vast majority of whom are women and children”.

In a resolution adopted in 2000 on women and peace and security, the UN Security Council called upon all parties to armed conflict “to respect the civilian and humanitarian character of refugee camps and settlements, and to take into account the particular needs of women and girls”.

In a resolution adopted in 2006 on the protection of civilians in armed conflict, the UN Security Council:

Recalls the particular impact which armed conflict has on women and children, including as refugees and internally displaced persons, as well as on other civilians who may have specific vulnerabilities, and stressing the protection and assistance needs of all affected civilian populations.

In a resolution adopted in 1993 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

Welcomes the High Commissioner’s policy on refugee children and the activities undertaken to ensure its implementation, aimed at ensuring that the specific needs of refugee children, including in particular unaccompanied minors, are fully met within the overall protection and assistance activities of the Office, in cooperation with governments and other relevant organizations.

In a resolution adopted in 1994, the UN General Assembly expressed alarm at the large number of displaced persons in the Sudan and made specific reference to the vulnerable situation of displaced women, children and members of minorities.

In a resolution adopted in 2003 on an investigation into sexual exploitation of refugees by aid workers in West Africa, the UN General Assembly:

Expressing its grave concern at incidents of sexual exploitation and abuse against vulnerable populations, in particular refugees and internally displaced persons in West Africa and elsewhere,

…

2. Expresses its serious concern that the conditions in refugee camps and communities may make refugees, especially women and children, vulnerable to sexual and other forms of exploitation;

3. Condemns any exploitation of refugees and internally displaced persons, especially sexual exploitation, and calls for those responsible for such deplorable acts to be brought to justice.

UN General Assembly, Res. 57/306, 15 April 2003, preamble and §§ 2–3, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

Considering that, among refugees, returnees and internally displaced persons, women and children are the majority of the population affected by conflict and bear the brunt of atrocities and other consequences of conflict,

…

33. Requests all Governments and intergovernmental and non-governmental organizations to pay particular attention to meeting the special needs of refugee women and children and displaced persons, including those with special protection needs;

34. Calls upon States and the Office of the High Commissioner to make renewed efforts to ensure that the rights, needs and dignity of elderly refugees are fully respected and addressed through appropriate programme activities.

UN General Assembly, Res. 58/149, 22 December 2003, preamble and §§ 33–34, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on assistance to unaccompanied refugee minors, the UN General Assembly:

Aware of the fact that the majority of refugees are children and women,

Bearing in mind that unaccompanied refugee minors are among the most vulnerable refugees and the most at risk of neglect, violence, forced military recruitment, sexual assault, abuse and vulnerability to infectious disease, such as human immunodeficiency virus/acquired immunodeficiency syndrome, malaria and tuberculosis, and therefore require special assistance and care,

Mindful of the fact that the ultimate solution to the plight of unaccompanied minors is their return to and reunification with their families,

Bearing in mind that the most important steps in working with unaccompanied minors are rapid identification, immediate registration and documentation and tracing of family,

Recalling the outcome document entitled “A world fit for children”, adopted on 10 May 2002 by the General Assembly at its twenty-seventh special session,

Noting with appreciation the efforts of the Office of the United Nations High Commissioner for Refugees and the United Nations Children’s Fund in the identification and tracing of unaccompanied minors, and welcoming their efforts in reunifying families of refugees,

Welcoming the efforts exerted by the United Nations High Commissioner for Refugees to reunite refugees with their families,

Noting the efforts of the High Commissioner to ensure the protection of and assistance to refugees, including children and unaccompanied minors, and that further enhanced efforts need to be exerted to this effect,

Recalling the provisions of the Convention on the Rights of the Child, and the 1951 Convention and the 1967 Protocol thereto relating to the Status of Refugees,

1. Takes note of the report of the Secretary-General;

2. Expresses its deep concern at the continuing plight of unaccompanied refugee minors, and emphasizes once again the urgent need for their early identification and for timely, detailed and accurate information on their number and whereabouts;

3. Stresses the importance of providing adequate resources for programmes of identification, registration, documentation and tracing of unaccompanied minors and their reunification with their families;

4. Calls upon the Office of the United Nations High Commissioner for Refugees, in cooperation with other relevant United Nations bodies, to incorporate into its programmes policies that aim at preventing the separation of refugee families, conscious of the importance of family unity;

5. Calls upon all Governments, the Secretary-General, the Office of the High Commissioner, all United Nations organizations, as well as other international organizations and non-governmental organizations concerned to exert the maximum effort to assist and protect refugee minors and to expedite the return and reunification with their families of unaccompanied refugee minors;

6. Urges the Office of the High Commissioner, all United Nations organizations, as well as other international organizations and non-governmental organizations concerned to take appropriate steps to mobilize resources commensurate with the needs of unaccompanied refugee minors and for their reunification with their families;

7. Calls upon all States and other parties to armed conflict to comply with their obligations under international humanitarian law, human rights law and refugee law and, in this regard, calls upon States parties to respect fully the provisions of the Geneva Conventions of 12 August 1949 and related instruments, and to respect the provisions of the Convention on the Rights of the Child, which accord children affected by armed conflict special protection and treatment;

8. Condemns all acts of exploitation of unaccompanied refugee minors, including their use as soldiers or human shields in armed conflict and their forced recruitment into military forces, and any other acts that endanger their safety and personal security;

9. Acknowledges that education is among the most effective initial means of ensuring protection for unaccompanied minors, especially girls, by shielding them from exploitative activities such as child labour, military recruitment or sexual exploitation and abuse;

10. Calls upon the Secretary-General, the United Nations High Commissioner for Refugees, the Office for the Coordination of Humanitarian Affairs of the Secretariat, the United Nations Children’s Fund, other United Nations organizations and other international organizations to mobilize adequate assistance to unaccompanied refugee minors in the areas of relief, education, recreational activities, health and psychological rehabilitation;

11. Encourages the Special Representative of the Secretary-General for Children and Armed Conflict in his efforts to raise awareness worldwide and mobilize official and public opinion for the protection of children affected by armed conflict, including refugee minors;

12. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution and to give special attention in his report to the girl-child refugee.

UN General Assembly, Res. 58/150, 22 December 2003, preamble and §§ 1–12, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on the girl child, the UN General Assembly:

13. Recognizes that a considerable number of children, including … internally displaced and refugee children … live without parental support, and in this regard urges States to take special measures to support such children and the institutions, facilities and services that care for them, and to build and strengthen children’s abilities to protect themselves;

…

15. Also urges States to take special measures for the protection of girls affected by armed conflicts and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes.

UN General Assembly, Res. 58/156, 22 December 2003, §§ 13 and 15, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on the rights of the child, the UN General Assembly:

Calls upon all States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation, to pay particular attention to programmes for voluntary repatriation and, wherever possible, local integration and resettlement, to give priority to family tracing and reunification and, where appropriate, to cooperate with international humanitarian and refugee organizations, including by facilitating their work.

In a resolution adopted in 2003 on the protection of and assistance to internally displaced persons, the UN General Assembly:

Expresses particular concern at the grave problems faced by many internally displaced women and children, including violence and abuse, sexual exploitation, forced recruitment and abduction, and welcomes the commitment of the Representative of the Secretary-General to pay more systematic and in-depth attention to their particular assistance, protection and development needs, as well as to other groups with special needs such as older persons and persons with disabilities, taking into account the relevant resolutions of the General Assembly and bearing in mind Security Council resolution 1325 (2000) of 31 October 2000.

In a resolution adopted in 2004 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

7. Recognizes that, among refugees, returnees and internally displaced persons, women and children are the majority of the population affected by conflict and bear the brunt of atrocities and other consequences of conflict, and in this regard takes note of the report of the Secretary-General on women and peace and security submitted to and discussed by the Security Council;

8. Reiterates the importance of the full and effective implementation of standards and procedures to better address the specific protection needs of refugee children and adolescents and to safeguard rights and, in particular, to ensure adequate attention to unaccompanied and separated children and former child soldiers in refugee settings, as well as in the context of voluntary repatriation and reintegration measures.

In a resolution adopted in 2004 on humanitarian and special economic assistance to Serbia and Montenegro, the UN General Assembly:

Calls upon all States, regional organizations, intergovernmental and nongovernmental organizations and other relevant bodies to continue to provide assistance to alleviate the needs of refugees and internally displaced persons, bearing in mind in particular the special situation of women, children, the elderly and other vulnerable groups.

In a resolution adopted in 2004 on the rights of the child, the UN General Assembly:

Calls upon all States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation.

In a resolution adopted in 2005 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

6. Recognizes that, among refugees, returnees and internally displaced persons, women and children are the majority of the population affected by conflict and bear the brunt of atrocities and other consequences of conflict, and calls upon States to promote and protect the human rights of all refugees and other persons of concern, paying special attention to those with specific needs, and to tailor their protection responses appropriately,

7. Reiterates the importance of the full and effective implementation of standards and procedures, including the monitoring and reporting mechanism outlined in Security Council resolution 1612 (2005) of 26 July 2005, to better address the specific protection needs of refugee children and adolescents and to safeguard rights and, in particular, to ensure adequate attention to unaccompanied and separated children and children affected by armed conflict, including former child soldiers in refugee settings, as well as in the context of voluntary repatriation and reintegration measures.

In a resolution adopted in 2005 on UNRWA operations, the UN General Assembly encouraged “the Agency’s further consideration of the needs and rights of children in its operations in accordance with the Convention on the Rights of the Child”.

In a resolution adopted in 2005 concerning the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

Affirms the importance of mainstreaming the protection needs of women and children to ensure their participation in the planning and implementation of programmes of the Office of the High Commissioner and State policies and the importance of according priority to addressing the problem of sexual and gender-based violence.

In a resolution adopted in 2005 on the girl child, the UN General Assembly:

13. Recognizes that a considerable number of children, including … internally displaced and refugee children … live without parental support, and in this regard urges States to take special measures to support such children and the institutions, facilities and services that care for them, and to build and strengthen children’s abilities to protect themselves;

…

15. Also urges States to take special measures for the protection of girls affected by armed conflicts and by post-conflict situations and in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape and sexual abuse, and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account the special needs of girls affected by armed conflict in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes.

UN General Assembly, Res. 60/141, 16 December 2005, preamble and §§ 13 and 15, adopted without a vote.

UN General Assembly

In a resolution adopted in 2005 on the protection of and assistance to internally displaced persons, the UN General Assembly:

Expresses particular concern at the grave problems faced by many internally displaced women and children, including violence and abuse, sexual exploitation, forced recruitment and abduction, and welcomes the commitment of the Representative of the Secretary-General to pay more systematic and in-depth attention to their particular assistance, protection and development needs, as well as to other groups with special needs, such as severely traumatized individuals, older persons and persons with disabilities, taking into account the relevant resolutions of the General Assembly and bearing in mind Security Council resolution 1325 (2000) of 31 October 2000.

In a resolution adopted in 2005 on the rights of the child, the UN General Assembly:

Calls upon all States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation, stressing the need for States as well as the international community to pay more systematic and in-depth attention to the special assistance, protection and development needs of those children through, inter alia, programmes aimed at rehabilitation and physical and psychological recovery, and to programmes for voluntary repatriation and, wherever possible, local integration and resettlement, to give priority to family tracing and family reunification and, where appropriate, to cooperate with international humanitarian and refugee organizations, including by facilitating their work.

In a resolution adopted in 2006 on UNRWA operations, the UN General Assembly encouraged “the Agency’s further consideration of the needs and rights of children in its operations in accordance with the Convention on the Rights of the Child”.

In a resolution adopted in 2006 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

12. Emphasizes that international protection of refugees is a dynamic and action-oriented function that is at the core of the mandate of the Office of the High Commissioner and that it includes, in cooperation with States and other partners, the promotion and facilitation of, inter alia, the admission, reception and treatment of refugees in accordance with internationally agreed standards and the ensuring of durable, protection-oriented solutions, bearing in mind the particular needs of vulnerable groups and paying special attention to those with specific needs, and notes in this context that the delivery of international protection is a staff-intensive service that requires adequate staff with the appropriate expertise, especially at the field level;

13. Affirms the importance of mainstreaming the protection needs of women and children to ensure their participation in the planning and implementation of programmes of the Office of the High Commissioner and State policies and the importance of according priority to addressing the problem of sexual and gender-based violence;

14. Acknowledges that forcibly displaced women and girls can be exposed to particular protection problems related to their gender, their cultural and socioeconomic position, and their legal status, that they may be less likely than men and boys to be able to exercise their rights, and that, therefore, specific action in favour of women and girls may be necessary to ensure that they can enjoy protection and assistance on an equal basis with men and boys, and notes the important guidance provided in the Executive Committee conclusion on women and girls at risk to address issues of identification of those individuals and action to be taken in prevention and response.

In a resolution adopted in 2006 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

6. Recognizes that, among refugees, returnees and internally displaced persons, women and children are the majority of the population affected by conflict, and in this context notes the conclusion on women and girls at risk adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-seventh session;

…

8. Reiterates the importance of the full and effective implementation of standards and procedures, including the monitoring and reporting mechanism outlined in Security Council resolution 1612 (2005) of 26 July 2005, to better address the specific protection needs of refugee children and adolescents and to safeguard rights and, in particular, to ensure adequate attention to unaccompanied and separated children and children affected by armed conflict, including former child soldiers in refugee settings, as well as in the context of voluntary repatriation and reintegration measures.

UN General Assembly, Res. 61/139, 19 December 2006, §§ 6 and 8, adopted without a vote.

UN General Assembly

In a resolution adopted in 2006 on the intensification of efforts to eliminate all forms of violence against women, the UN General Assembly:

Urges States to take action to eliminate all forms of violence against women … and to this end:

…

(o) To protect women and girls in situations of armed conflict, post-conflict settings and refugee and internally displaced persons settings, where women are at greater risk of being targeted for violence and where their ability to seek and receive redress is often restricted, bearing in mind that peace is inextricably linked with equality between women and men and development, that armed and other types of conflicts and terrorism and hostage-taking still persist in many parts of the world and that aggression, foreign occupation and ethnic and other types of conflicts are an ongoing reality affecting women and men in nearly every region, undertake efforts to eliminate impunity for all gender-based violence in situations of armed conflict.

In a resolution adopted in 2006 on the rights of the child, the UN General Assembly:

Calls upon all States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to violence and risks in connection with armed conflict, such as recruitment, sexual violence and exploitation, stressing the need for States as well as the international community to continue to pay more systematic and in-depth attention to the special assistance, protection and development needs of those children through, inter alia, programmes aimed at rehabilitation and physical and psychological recovery, and to programmes for voluntary repatriation and, wherever possible, local integration and resettlement, to give priority to family tracing and family reunification and, where appropriate, to cooperate with international humanitarian and refugee organizations, including by facilitating their work.

In a resolution adopted in 2007 on UNRWA operations, the UN General Assembly encouraged “the Agency to make further progress in addressing the needs and rights of children in its operations in accordance with the Convention on the Rights of the Child”.

In a resolution adopted in 2007 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

3. Notes with appreciation the important guidance provided in the Executive Committee conclusion on children at risk to address issues of identification of these individuals and action to be taken in prevention, response and solutions;

…

14. Emphasizes that international protection of refugees is a dynamic and action-oriented function that is at the core of the mandate of the Office of the High Commissioner and that it includes, in cooperation with States and other partners, the promotion and facilitation of, inter alia, the admission, reception and treatment of refugees in accordance with internationally agreed standards and the ensuring of durable, protection-oriented solutions, bearing in mind the particular needs of vulnerable groups and paying special attention to those with specific needs, and notes in this context that the delivery of international protection is a staff-intensive service that requires adequate staff with the appropriate expertise, especially at the field level;

15. Affirms the importance of age, gender and diversity mainstreaming in analysing protection needs and in ensuring the participation of refugees and other persons of concern to the Office of the High Commissioner, as appropriate, in the planning and implementation of programmes of the Office and State policies, and also affirms the importance of according priority to addressing discrimination, gender inequality and the problem of sexual and gender-based violence, recognizing the importance of addressing the protection needs of women and children in particular.

UN General Assembly, Res. 62/124, 18 December 2007, §§ 3 and 14–15, adopted without a vote.

UN General Assembly

In a resolution adopted in 2007 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

Recognizing the particular vulnerability of women and children among refugees and other persons of concern, including exposure to discrimination and sexual and physical abuse,

Recognizing also that refugees, internally displaced persons and, in particular, women and children are at an increased risk of exposure to HIV/AIDS, malaria and other infectious diseases,

…

7. Also notes that the conclusion on children at risk, adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-eighth session, held at Geneva from 1 to 5 October 2007, is aimed at enhancing the assistance and protection provided by the Office of the High Commissioner to children, as defined under article 1 of the Convention on the Rights of the Child, who are asylum-seekers, stateless, refugees, internally displaced or returnees;

8. Encourages the African Commission on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child to incorporate in their work the Executive Committee conclusion on children at risk;

9. Affirms that children, because of their age, social status and physical and mental development, are often more vulnerable than adults in situations of forced displacement, recognizes that forced displacement, return to post-conflict situations, integration in new societies, protracted situations of displacement and statelessness can increase the vulnerability of children generally, takes into account the particular vulnerability of refugee children to being forcibly exposed to the risks of physical and psychological injury, exploitation and death in connection with armed conflict, and acknowledges that wider environmental factors and individual risk factors, particularly when combined, can put children in situations of heightened risk.

UN General Assembly, Res. 62/125, 18 December 2007, preamble and §§ 7–9, adopted without a vote.

UN General Assembly

In a resolution adopted in 2007 on policies and programmes involving youth: youth in the global economy – promoting youth participation in social and economic development, the UN General Assembly:

8. Recognizes that while youth today are better placed than ever before to participate in and benefit from global development, many young people remain marginalized, disconnected or excluded from the opportunities that globalization offers, and in this regard calls upon Member States, with the support of the international community, as appropriate, to:

…

(l) Ensure that national policies and programmes on youth development address the particular needs of young people who are in distressed circumstances or otherwise socially excluded or marginalized, including indigenous, migrant, refugee and displaced youth, young persons living in situations of armed conflict, terrorism, hostage-taking, aggression, foreign occupation, civil war or post-conflict settings, young people subjected to racism or xenophobia, street children, poor youth in urban or rural areas and youth affected by natural or man-made disasters.

43. Development, peace and security and human rights are interlinked and mutually reinforcing. The scale of the violence perpetrated against civilians, including youth, in the past couple of decades is extremely worrisome. Armed conflicts have resulted in killings, the massive displacement of people, including youth, and the destruction of communities, which has impacted negatively on their development.

44. Youth are often among the main victims of armed conflict. Children and youth are killed or maimed, made orphans, abducted, taken hostage, forcibly displaced, deprived of education and health care and left with deep emotional scars and trauma … Armed conflict destroys the safe environment provided by a house, a family, adequate nutrition, education and employment …

…

50. Governments should protect young persons in situations of armed conflict, post-conflict settings and settings involving refugees and internally displaced persons, where youth are at risk of violence and where their ability to seek and receive redress is often restricted, bearing in mind that peace is inextricably linked with equality between young women and young men and development, that armed and other types of conflicts and terrorism and hostage-taking still persist in many parts of the world, and that aggression, foreign occupation and ethnic and other types of conflicts are an ongoing reality affecting young persons in nearly every region, from which they need to be protected.

In a resolution adopted in 2007 on the girl child, the UN General Assembly:

17. Recognizes that a considerable number of girl children are particularly vulnerable, including … internally displaced and refugee children … and children who are incarcerated who live without parental support, and therefore urges States, with the support of the international community, where relevant, to take appropriate measures to address the needs of such children by implementing national policies and strategies to build and strengthen governmental, community and family capacities to provide a supportive environment for such children, including by providing appropriate counselling and psychosocial support, and ensuring their enrolment in school and access to shelter, good nutrition and health and social services on an equal basis with other children;

…

19. Urges all States and the international community to respect, promote and protect the rights of the girl child, taking into account the particular vulnerabilities of the girl child in pre-conflict, conflict and post-conflict situations, and further urges States to take special measures for the protection of girls, in particular to protect them from sexually transmitted diseases, such as HIV/AIDS, gender-based violence, including rape, sexual abuse and sexual exploitation, torture, abduction and forced labour, paying special attention to refugee and displaced girls, and to take into account their special needs in the delivery of humanitarian assistance and disarmament, demobilization, rehabilitation assistance and reintegration processes.

UN General Assembly, Res. 62/140, 18 December 2007, §§ 17 and 19, adopted without a vote.

UN General Assembly

In a resolution adopted in 2007 on the rights of the child, the UN General Assembly:

Calls upon all States to protect refugee, asylum-seeking and internally displaced children, taking into account their gender-specific needs, in particular those who are unaccompanied, who are particularly exposed to violence and risks in connection with armed conflict, such as recruitment, sexual violence and exploitation, stressing the need for States as well as the international community to continue to pay more systematic and in-depth attention to the special assistance, protection and development needs of those children through, inter alia, programmes aimed at rehabilitation and physical and psychological recovery, and to programmes for voluntary repatriation and, where appropriate and feasible, local integration and resettlement, to give priority to family tracing and family reunification and, where appropriate, to cooperate with international humanitarian and refugee organizations, including by facilitating their work.

In a resolution adopted in 2007 on the protection of and assistance to internally displaced persons, the UN General Assembly:

Expresses particular concern at the grave problems faced by many internally displaced women and children, including violence and abuse, sexual exploitation, forced recruitment and abduction, and welcomes the commitment of the Representative of the Secretary-General to pay more systematic and in-depth attention to their particular assistance, protection and development needs, as well as to other groups with special needs, such as severely traumatized individuals, older persons and persons with disabilities, taking into account the relevant resolutions of the General Assembly and bearing in mind Security Council resolution 1325 (2000) of 31 October 2000.

In a resolution adopted in 1982 on women and children under apartheid, ECOSOC:

Appeals to all Governments and organizations to provide generous contributions to the projects of the national liberation movements and front-line States for assistance to refugee women and children from South Africa and Namibia.

ECOSOC, Res. 1982/24, 4 May 1982, § 3.

UN Economic and Social Council

In a resolution adopted in 1982 on women and children refugees, ECOSOC:

Considering the special problems of women refugees, particularly with regard to their physical safety,

1. Expresses grave concern at the plight of Kampuchean women and children, including the many thousands who have been forced to flee to other countries as refugees.

ECOSOC, Res. 1982/25, 4 May 1982, preamble and § l.

UN Economic and Social Council

In a resolution adopted in 1991 on refugee and displaced women and children, ECOSOC:

Recalling that the majority of refugees and displaced persons are women and children and that a significant number of families are headed by women,

Expressing its deep concern about the widespread violations of the rights of refugee and displaced women and children and their specific needs regarding protection and assistance,

…

Recognizing that ensuring equal treatment of refugee and displaced women and men may require specific action in favour of the former,

…

2. Calls upon the international community to give priority to extending international protection to refugee women and children by implementing measures to ensure greater protection from physical violence, sexual abuse, abduction and circumstances that could force them into illegal activities;

…

5. Encourages Member States and relevant organizations to provide access to individual identification and registration documents, on a non-discriminatory basis, to all refugee women and, wherever possible, children, irrespective of whether the women and children were accompanied by male family members.

ECOSOC, Res. 1991/23, 30 May 1991, preamble and §§ 2 and 5.

UN Commission on Human Rights

In a resolution adopted in 1995, the UN Commission on Human Rights expressed alarm at the large number of displaced persons in the Sudan and made specific reference to the vulnerable situation of displaced women, children and members of minorities.

In a resolution adopted in 1998 on the rights of the child, the UN Commission on Human Rights:

13. Reaffirms:

…

(d) The importance of special attention for children in situations of armed conflict, in particular in the areas of health and nutrition, education and social reintegration, and in developing emergency and other humanitarian assistance policies and programmes, and of enhanced coordination and cooperation throughout the United Nations system to this end;

17. Calls upon all States:

…

(b) And United Nations bodies and agencies, in coordination with other international humanitarian organizations such as the International Committee of the Red Cross, to ensure the early identification and registration of unaccompanied refugee and internally displaced children, to give priority to programmes for family tracing and reunification, and to continue monitoring the care arrangements for unaccompanied refugee and internally displaced children, taking into account the 1997 guidelines on policies and procedures in dealing with unaccompanied children seeking asylum of the Office of the United Nations High Commissioner for Refugees.

In a resolution adopted in 2003 on the right to education, the UN Commission on Human Rights urged all States “to take all appropriate measures to eliminate obstacles limiting effective access to education, notably by … refugee children, internally displaced children, children affected by armed conflicts”.

In a resolution adopted in 2003 on the elimination of violence against women, the UN Commission on Human Rights expressed deep concern that “some groups of women, such as … refugee and internally displaced women … and women in situations of armed conflict are often especially targeted or vulnerable to violence”.

In a resolution adopted in 2003 on internally displaced persons, the UN Commission on Human Rights:

Expresses particular concern at the grave problems faced by many internally displaced women and children, including violence and abuse, sexual exploitation, forced recruitment and abduction, and welcomesthecommitment of the Representative of the Secretary-General to pay more systematic and in-depth attention to their special assistance, protection and development needs, as well as those of other groups with special needs among the internally displaced, such as older persons and persons with disabilities.

In a resolution adopted in 2003 on human rights and mass exoduses, the UN Commission on Human Rights:

Deeply disturbed by the scale and magnitude of exoduses and displacements of people in many regions of the world and by the human suffering of refugees and displaced persons, a high proportion of whom are women and children,

…

9. Recognizes that, in addition to the problems refugee and displaced women and girls share with all refugees and displaced persons, they are vulnerable to persecution, gender-based discrimination and gender-specific violations of human rights, and calls upon States to protect and promote and respect the human rights of refugee and displaced women and children, to ensure that their particular needs are met, and to ensure that women are full and equal participants in the planning, design, implementation, monitoring and evaluation of all projects and programmes.

In a resolution adopted in 2003 on the abduction of children in Africa, the UN Commission on Human Rights:

3. Also condemns the abduction of children from refugee camps by armed groups, as distinct from the armed forces of States, and their subjection of children to forced conscription, torture, killing and rape;

…

5. Calls upon African States:

(a) To pay particular attention to the protection of refugee children, especially unaccompanied refugee minors, and internally displaced children who are exposed to the risk of being abducted or becoming involved in armed conflicts;

(b) To take extra measures to protect refugee children, particularly girls, from being abducted by guerrilla groups;

(c) To increase and enhance cooperation at regional and international levels to combat networks of abduction and child trafficking and to suppress their activities;

(d) To take adequate measures to prevent the abduction and recruitment of children by armed groups, as distinct from armed forces of States, through, inter alia, the adoption of legal measures to prohibit and criminalize such practices.

In a resolution adopted in 2003 on the rights of the child, the UN Commission on Human Rights:

Calls upon all States to protect refugee, asylum-seeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation, to pay particular attention to programmes for voluntary repatriation and, wherever possible, local integration and resettlement, to give priority to family tracing and reunification and, where appropriate, to cooperate with international humanitarian and refugee organizations.

In a resolution adopted in 2004 on the right to education, the UN Commission on Human Rights urged “all States to take all appropriate measures to eliminate obstacles limiting effective access to education, notably by … refugee children, internally displaced children, children affected by armed conflicts”.

In a resolution adopted in 2004 on the elimination of violence against women, the UN Commission on Human Rights expressed deep concern that “some groups of women, such as … refugee and internally displaced women … and women in situations of armed conflict are often especially targeted or vulnerable to violence”.

In a resolution adopted in 2004 on the abduction of children in Africa, the UN Commission on Human Rights:

2. Also condemns the abduction of children from camps of refugees and internally displaced persons by armed groups, and their subjection of children to forced conscription, torture, killing and rape;

…

5. Calls upon African States:

(a) To pay particular attention to the protection of refugee children, especially unaccompanied refugee minors, and internally displaced children who are exposed to the risk of being abducted or becoming involved in armed conflicts;

(b) To take extra measures to protect refugee children and internally displaced children, particularly girls, from being abducted by guerrilla groups;

(c) To take adequate measures to prevent the abduction and recruitment of children by armed forces and armed groups, through, inter alia, the adoption of legal measures to prohibit and criminalize such practices.

In a resolution adopted in 2004 on the rights of the child, the UN Commission on Human Rights:

Calls upon all States to protect refugee, asylumseeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict, such as recruitment, sexual violence and exploitation, to pay particular attention to programmes for voluntary repatriation and, wherever possible, local integration and resettlement, to give priority to family tracing and reunification and, where appropriate, to cooperate with international humanitarian and refugee organizations.

In a resolution adopted in 2004 on internally displaced persons, the UN Commission on Human Rights:

Expresses particular concern at the grave problems faced by many internally displaced women and children, including violence and abuse, sexual exploitation, forced recruitment and abduction, and notes the need to pay more systematic and indepth attention to their special assistance, protection and development needs, as well as those of other groups with special needs among the internally displaced, such as older persons and persons with disabilities.

In a resolution adopted in 2005 on the right to education, the UN Commission on Human Rights urged all States “to take all appropriate measures to eliminate obstacles limiting effective access to education, notably by … refugee children, internally displaced children, [and] children affected by armed conflicts”.

In a resolution adopted in 2005 on the elimination of violence against women, the UN Commission on Human Rights:

Deeply concerned that all forms of discrimination, including racism, racial discrimination, xenophobia and related intolerance, and multiple or aggravated forms of discrimination and disadvantage can lead to the particular targeting or vulnerability to violence of girls and some groups of women, such as … refugee and internally displaced women … women in situations of armed conflict …

…

22. Also urges States to mainstream a gender perspective into all policies and programmes, including national immigration and asylum policies, regulations and practices, as appropriate, in order to promote and protect the rights of all women and girls, including the consideration of steps to recognize genderrelated persecution and violence when assessing grounds for granting refugee status and asylum.

In a resolution adopted in 2005 on the abduction of children in Africa, the UN Commission on Human Rights:

2. Also condemns the abduction of children from camps of refugees and internally displaced persons by armed forces and armed groups, and their subjection of children to participation in fighting, torture, killing and rape as victims and as perpetrators;

…

5. Calls upon African States:

(a) To pay particular attention to the protection of refugee and internally displaced children, especially unaccompanied and separated children, who are exposed to the risk of being abducted or becoming involved in armed conflicts;

(b) To take extra measures to protect refugee children and internally displaced children, particularly girls, from being abducted;

(c) To take adequate measures to prevent the abduction and recruitment of children by armed forces and armed groups and their participation in hostilities, through, inter alia, the adoption of legal measures to prohibit and criminalize such practices and practical measures such as prompt and comprehensive birth registration of all children (including refugee and internally displaced children), documentation of children, preservation of family unity and its facilitation in case of separation, access to education, health care, vocational training and employment.

In a resolution adopted in 2005 on the rights of the child, the UN Commission on Human Rights:

Profoundly concerned that the situation of children in many parts of the world remains critical as a result of the persistence of … armed conflicts, displacement … and convinced that urgent and effective national and international action is called for,

…

11. Notes with concern the large number of children, particularly … refugee children … among the victims of racism, racial discrimination, xenophobia and related intolerance, stresses the need to incorporate special measures, in accordance with the principle of the best interests of the child and respect for his or her views, in programmes to combat these practices, and calls upon States to provide special support and ensure equal access to services for those children;

…

26. Calls upon all States to protect refugee, asylumseeking and internally displaced children, in particular those who are unaccompanied, who are particularly exposed to risks in connection with armed conflict and post-conflict situations, such as recruitment, sexual violence and exploitation, to pay particular attention to programmes for voluntary repatriation and, wherever possible, local integration and resettlement, to give priority to family tracing and reunification and, where appropriate, to cooperate with international humanitarian and refugee organizations.

In a resolution adopted in 2005 on internally displaced persons, the UN Commission on Human Rights:

Expresses particular concern at the grave problems faced by many internally displaced women and children, including violence and abuse, sexual exploitation, forced recruitment and abduction, and notes the need to pay more systematic and in-depth attention to their special assistance, protection and development needs, as well as those of other groups with special needs among the internally displaced, such as older persons and persons with disabilities, taking into account the relevant resolutions of the General Assembly and bearing in mind Security Council resolution 1325 (2000) of 31 October 2000.

In a resolution adopted in 2005 concerning human rights and mass exoduses, the UN Commission on Human Rights:

Deeply disturbed by the scale and magnitude of exoduses and displacements of people in many regions of the world and by the human suffering of refugees and displaced persons, a high proportion of whom are women and children,

…

10. Recognizes that, in addition to the problems refugee and displaced women and girls share with all refugees and displaced persons, they are vulnerable to persecution, gender-based discrimination and gender-specific violations of human rights, and calls upon States to protect and promote and respect the human rights of refugee and displaced women and children, to ensure that their particular needs are met, and to ensure that women are full and equal participants in the planning, design, implementation, monitoring and evaluation of all projects and programmes.

In a resolution adopted in 2005 on technical cooperation and advisory services in Nepal, the UN Commission on Human Rights:

Calls upon the Government of Nepal to provide urgent protection and assistance to internally displaced persons, taking account of the particular needs of women and children, to facilitate their safe return, reintegration and resettlement elsewhere in the country, as appropriate, and to develop appropriate policies and legislation in this regard, using the Guiding Principles on Internal Displacement.

In a resolution adopted in 2007 on the mandate of the Representative of the Secretary-General on the human rights of internally displaced persons, the UN Human Rights Council:

Expresses particular concern at the grave problems faced by many internally displaced women and children, including violence and abuse, sexual exploitation, forced recruitment and abduction, and notes the need to continue to pay more systematic and in-depth attention to their special assistance, protection and development needs, as well as those of other groups with special needs among the internally displaced, such as older persons and persons with disabilities.

In a resolution adopted in 2001 on international protection for refugees and displaced persons, the UN Sub-Commission on Human Rights noted with alarm that “the situation of women and girl refugees has been grossly exacerbated, to the extent that it requires the urgent attention of the international community”.

UN Sub-Commission on Human Rights, Res. 2001/16, 16 August 2001, § 3.

UNHCR Executive Committee

In 1985, in its Conclusion on Refugee Women and International Protection, the UNHCR Executive Committee noted that “refugee women and girls constitute the majority of the world refugee population and that many of them are exposed to special problems in the international protection field” and recommended that States take the specificity of refugee women into account and pay special attention to their needs.

In 1990, in its Conclusion on Refugee Women and International Protection, the UNHCR Executive Committee urged States to adopt a series of practical measures in order to take into account the specificity of refugee women.

In 2006, in its Conclusion on Women and Girls at Risk, the UNHCR Executive Committee:

Acknowledging that, while forcibly displaced men and boys also face protection problems, women and girls can be exposed to particular protection problems related to their gender, their cultural and socio-economic position, and their legal status, which mean they may be less likely than men and boys to be able to exercise their rights and therefore that specific action in favour of women and girls may be necessary to ensure they can enjoy protection and assistance on an equal basis with men and boys,

Recalling that the protection of women and girls is primarily the responsibility of States, whose full and effective cooperation, action and political resolve are required to enable UNHCR to fulfil its mandated functions; and that all action on behalf of women and girls must be guided by obligations under relevant international law, including, as applicable, international refugee law, international human rights law and international humanitarian law,

Bearing in mind Conclusion No. 75 (XLV) on internally displaced persons and noting that the protection challenges for internally displaced persons (IDPs) and refugees may differ, that the normative legal frameworks for their protection are different, that humanitarian access to internally displaced persons can be more difficult, that internally displaced women and girls are more likely to be caught in armed conflict and may face specific protection risks as a result and that the responses and solutions available to refugee and internally displaced women and girls may be different,

…

Acknowledging that each community is different and that an in-depth understanding of religious and cultural beliefs and practices is required to address the protection risks women and girls face in a sensitive manner while bearing in mind obligations under international refugee, human rights and humanitarian law,

(a) Adopts this Conclusion regarding the identification of women and girls at risk, prevention strategies and individual responses and solutions and recommends that UNHCR include a more detailed elaboration of these issues in the UNHCR Handbook on the Protection of Women and Girls.

…

(j) Secure environments are to be established and strengthened, including by partnerships and actions to:

i. prevent and respond to [sexual and gender-based violence] in accordance with international standards set out in UNHCR and other relevant guidelines, including through provision of quality health services to address the specific needs of women and girls at risk;

ii. maintain the civilian and humanitarian character of asylum, which is a primary responsibility of host States;

…

(l) Financial and other necessary resources should also be mobilized, as appropriate, including by action to ensure the provision of protection and material assistance and timely durable solutions based on international solidarity, cooperation and burden and responsibility sharing.

Individual responses and solutions

(m) Recommended actions by States, UNHCR, other relevant agencies and partners to respond to the situation of individual women and girls at risk are listed non-exhaustively below.

i. establish mechanisms, based on an analysis of the risk factors outlined above, to identify individual women and girls at risk, determine and implement appropriate immediate responses and subsequent solutions;

i. promote respect for women’s and girls’ equal rights to make a free and informed choice to return voluntarily and to their equal access to land and property in the country of origin, and incorporate measures to ensure adequate ongoing assistance and support in the country of origin for those at risk into tripartite voluntary repatriation agreements;

ii. strengthen the use of resettlement as a protection and durable solutions tool for refugee women and girls at risk; enhance identification of refugee women and girls at risk for resettlement, including through training; streamline processing further, including by establishing measures to enable the speedier departure of refugee women at risk and their dependants;

iii. consider using special evacuation programmes for internally displaced women and girls at risk, if necessary, given that resettlement is very rarely available to them;

iv. establish mechanisms, where voluntary repatriation for individual refugee women and girls at risk is not a safe option and resettlement is not available, to enable them, where appropriate, to integrate locally and safely in the country of asylum, including by examining possibilities for voluntary relocation elsewhere in the country; for internally displaced women and girls at risk, examine possibilities for allowing them to relocate elsewhere in their own country if they wish and if their safety cannot be ensured where they are; and

v. ensure support, such as medical and psychosocial care, is available to women and girls at risk to facilitate their recovery and integration, whether this be in the context of local integration, return, resettlement or other humanitarian programmes.

In 2007, in its Conclusion on Children at Risk, the UNHCR Executive Committee:

Affirming that children, because of their age, social status and physical and mental development are often more vulnerable than adults in situations of forced displacement; recognizing that forced displacement, return to post-conflict situations, integration in new societies, protracted situations of displacement, and statelessness can increase the vulnerability of children generally; taking into account the particular vulnerability of refugee children to being forcibly exposed to the risks of physical and psychological injury, exploitation and death in connection with armed conflict; and acknowledging that wider environmental factors and individual risk factors, particularly when combined, can put children in situations of heightened risk,

…

Recalling that the protection of children is primarily the responsibility of States, whose full and effective cooperation, action and political resolve are required to enable UNHCR to fulfil its mandated functions,

…

(a) Adopts this Conclusion which provides operational guidance for States, UNHCR and other relevant agencies and partners, including through identifying components that may form part of a comprehensive child protection system, with the aim of strengthening the protection of children at risk;

Fundamentals of child protection

(b) Recognizes that strategies and actions under this operational guidance should be underpinned by the following principles and approaches, amongst others:

i. Children should be among the first to receive protection and assistance;

ii. States should promote the establishment and implementation of child protection systems, in accordance with international obligations of States concerned, and to which children under their jurisdiction should have non-discriminatory access;

…

v. The principle of the best interests of the child shall be a primary consideration in regard to all actions concerning children;

vi. Due consideration should be given to the importance of the family and family support structures for the protection of children;

…

x. A rights-based approach, which recognizes children as active subjects of rights, and according to which all interventions are consistent with States’ obligations under relevant international law, including, as applicable, international refugee law, international human rights law and international humanitarian law, and acknowledgement that the CRC [Committee on the Rights of the Child] provides an important legal and normative framework for the protection of children;

…

Prevention, response and solutions

(g) Recommends that States, UNHCR and other relevant agencies and partners work in close collaboration to prevent children from being put at heightened risk, and respond, as necessary, through the general prevention, response and solution measures listed non-exhaustively below:

…

viii. Develop child and gender-sensitive national asylum procedures, where feasible, and UNHCR status determination procedures with adapted procedures including relevant evidentiary requirements, prioritized processing of unaccompanied and separated child asylum-seekers, qualified free legal or other representation for unaccompanied and separated children, and consider an age and gender-sensitive application of the 1951 [Refugee] Convention through the recognition of child-specific manifestations and forms of persecution, including under-age recruitment, child trafficking and female genital mutilation;

…

xi. Address, on a priority basis, the concerns of children in protracted refugee situations, including through intensifying efforts for durable solutions which will reduce the risks they face;

xii. Support the efforts of host countries to enhance education, health care and provision of other basic services in refugee-impacted areas as well as expand national protection capacities for addressing the needs of children in particular; and

…

(h) Further recommends that States, UNHCR and other relevant agencies and partners undertake the following non-exhaustive prevention, response and solution measures in order to address specific wider environmental or individual risks factors:

…

iii. Facilitate children’s enjoyment of family unity through putting in place procedures to prevent separation, and in respect of unaccompanied and separated children, facilitate tracing and family reunification with their family members in accordance with the respective child’s best interests, with due respect for the national legislation of respective States;

iv. Promote the provision of alternative care and accommodation arrangements for unaccompanied and separated children, and facilitate the appointment of a guardian or adviser when an unaccompanied or separated child is identified;

v. Make all efforts to provide a secure environment including through selecting safe locations for camps and settlements as close to local facilities as possible, undertaking child and gender-sensitive protection-based site planning;

…

ix. Make all efforts to ensure integrated nutrition and health interventions and access to adequate food through measures that address the root causes of food insecurity and malnutrition, including by enhancing families’ enjoyment of self-reliance, age and gender-sensitive food distribution systems, targeted nutrition programmes for pregnant women and children during their critical first years of development, and by providing treatment for malnourished children;

…

xiv. Facilitate the provision of child-friendly information on the conditions in places of return to enable refugee and internally displaced children, in particular those unaccompanied and separated and others at heightened risk, to participate in decision-making on their return; promote respect for protection of children’s inheritance rights; and provide, where possible and appropriate, child- and gender-sensitive/adapted reintegration support on integration and participation in the communities to which they are returning, targeting and recognizing the specific needs of the returning child;

…

xvii. Whether in the context of resettlement or local integration, facilitate the integration of refugee children through targeted support in schools, particularly for adolescents, and through providing language classes and education on the culture and social structures in the host country for refugee children; provide support for refugee children at heightened risk that is targeted at addressing their specific needs; and where integration is being implemented, facilitate, as far as possible, the naturalization of refugee children in accordance with national laws and regulations;

xviii. Enhance the use of resettlement as a protection and durable solutions tool for children at risk; where appropriate, take a flexible approach to family unity, including through consideration of concurrent processing of family members in different locations, as well as to the definition of family members in recognition of the preference to protect children within a family environment with both parents; and recognize UNHCR’s role in the determination of the best interests of the child which should inform resettlement decisions including in situations where only one parent is being resettled and custody disputes remain unresolved due to the unavailability or inaccessibility of competent authorities, or due to the inability to obtain official documents from the country of origin as this could jeopardize the safety of the refugee or his/her relatives; and

xix. Safeguard the right of every child to acquire a nationality, and ensure the implementation of this right in accordance with national laws and obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless; and consider the active dissemination of information regarding access to naturalization procedures.

In 1996, in a report on human rights and mass exoduses, the UN Secretary-General stated: “Particular attention should be paid to vulnerable groups, including women, children and the elderly, in the areas of prevention, protection and assistance”.

In 1997, in a report on his mission to Mozambique, the Representative of the UN Secretary-General on Internally Displaced Persons identified “female-headed households, unaccompanied children and the disabled [as] particularly vulnerable groups” requiring special attention during return.

Representative of the UN Secretary-General on Internally Displaced Persons, Report on the Representative’s visit to Mozambique from 23 November to 3 December 1996, UN Doc. E/CN.4/1997/43/Add.1, 24 February 1997, § 87.

UN Expert on the Impact of Armed Conflict on Children

In a report in 1996, the UN Expert on the Impact of Armed Conflict on Children emphasized: “Practical protection measures to prevent sexual violence [and] discrimination in delivery of relief materials … must be a priority in all assistance programmes in refugee and displaced camps.”

In 1997, in a report on human rights and mass exoduses, the UN High Commissioner for Human Rights stated:

UNICEF noted that its activities focused on the protection and care of refugee and displaced women and children who were likely to become victims of gender-based discrimination, violence and exploitation.

In 1996, in a report on a mission to Burundi, the Special Rapporteur of the UN Commission on Human Rights on Extrajudicial, Summary or Arbitrary Executions highlighted several of the special problems faced by internally displaced children, including separation from family members and the fact that “like their mothers, children are a vulnerable group subject to malnutrition, diseases and various forms of physical violence, including sexual abuse and rape”.

UN Commission on Human Rights, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Report on the Special Rapporteur’s mission to Burundi from 19 to 29 April 1995, UN Doc. E/CN.4/1996/4/Add.1, 24 July 1996, § 82.

UN Commission on Human Rights (Special Rapporteur)

In 1996, in a report on a mission to Rwanda, the Special Rapporteur of the UN High Commission on Human Rights for Zaire recommended that “the government must establish resettlement programmes for [IDPs] … covering housing, education, health and, above all, security for all, especially women and children”.

UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in Zaire, Report on the Special Rapporteur’s visit to Rwanda from 6 to 14 July 1996, concerning ethnic conflict in the Northern Kivu region, UN Doc. E/CN.4/1997/6/Add.l, 16 September 1996, § 126(j).

UN Commission on Human Rights (Special Rapporteur)

In 2001, in a report on violence against women perpetrated and/or condoned by the State during times of armed conflict, the Special Rapporteur of the UN Commission on Human Rights on Violence against Women, Its Causes and Consequences stated:

Women and children face rape and other gender-based violence and abduction, not only during armed conflict but in flight, as well as once they have fled the conflict area. In her 1998 report, the Special Rapporteur discussed in detail the particular concerns of refugee women and the factors that impact their security differently from that of men. However, since 1997, the Special Rapporteur has become increasingly concerned with the problem of women who are internally displaced. With the epidemic of internal conflicts around the world, it has become abundantly clear that internally displaced persons (IDPs) – the majority of whom are women and children – are particularly vulnerable to violence and abuse. Unlike refugees, IDPs do not have access to legally binding international standards that are specifically designed for their protection and assistance, nor is there an international monitoring agency specifically mandated to provide protection and assistance to IDPs in the same way that UNHCR does for refugees.

UN Commission on Human Rights, Special Rapporteur on Violence against Women, Its Causes and Consequences, Report on violence against women perpetrated and/or condoned by the State during times of armed conflict (1997–2000), UN Doc. E/CN.4/2001/73, 23 January 2001, § 54.

UNHCR Executive Committee

In 1998, in a report on regional development in the Federal Republic of Yugoslavia, the UNHCR Executive Committee identified vulnerable groups such as internally displaced women, children and the elderly as policy priorities in determining the distribution of humanitarian assistance.

In a resolution adopted in 1998 on the situation of refugees, returnees, and internally displaced persons in the Americas, the OAS General Assembly emphasized the urgency of specifically addressing the needs of women, elderly persons and children.

OAS, General Assembly, Res. 1602 (XXVIII-O/98), 3 June 1998, § 4.

OAU Council of Ministers

In resolutions adopted in 1993 and 1995, the OAU Council of Ministers identified women, children, the elderly and the disabled as particularly vulnerable groups of displaced persons.

The 25th International Conference of the Red Cross in 1986 adopted a resolution on the Movement and refugees in which it asked governments, UNHCR, National Societies and NGOs “to give special attention to the problems of refugees, returnees and displaced persons, particularly the most vulnerable groups”.

In its concluding observations on the third periodic report of the Sudan in 2007, the Human Rights Committee stated:

[The Committee] remains concerned at the absence of measures to ensure the protection of displaced persons and humanitarian workers … (art. 12 of the [1966 International Covenant on Civil and Political Rights]).

In keeping with all international standards governing the matter, including the Guiding Principles on Internal Displacement, the State party should:

(a) Take such steps as are necessary to afford displaced persons, in particular women in and around camps, greater protection.

In 1998, in its consideration of the report of Peru, CEDAW expressed concern at the situation of displaced women in Peru and recommended that these women benefit from “programmes to promote their participation in the labour force together with access for them and their families to education, health care, housing, drinking water and other essential services”.

In 1999, CEDAW stated: “States parties should ensure that adequate protection and health services, including trauma treatment and counselling, are provided for women in especially difficult circumstances, such as … women refugees.” The Committee noted with concern “the persistence of widespread violence as a result of the armed conflict” in Colombia and that “women are the principal victims and that they … lack the resources needed for their survival in a situation in which they are called upon to assume greater responsibilities”.

In 1993, in its preliminary observations on the report of Sudan, the Committee on the Rights of the Child expressed concern at the situation of internally displaced children.

Committee on the Rights of the Child, Preliminary observations on the report of Sudan, UN Doc. CRC/C/15/Add.6, 18 February 1993, §§ 9–10.

In its concluding observations, the Committee on the Rights of the Child expressed alarm at the problems faced by homeless and displaced children.

Committee on the Rights of the Child, Concluding observations on the report of Sudan, UN Doc. CRC/C/15/Add.10, 18 October 1993, § 14.

Committee on the Rights of the Child

In 1997, in its concluding observations on the report of Uganda, the Committee on the Rights of the Child recommended that Uganda direct special attention “to refugee and internally displaced children to ensure that they have equal access to basic facilities”. The Committee also recommended that, in accordance with IHL, “the State party take measures to stop the killing and abduction of children”.

Committee on the Rights of the Child, Concluding observations on the report of Uganda, UN Doc. CRC/C/15/Add.80, 21 October 1997, §§ 34 and 37.

Committee on the Rights of the Child

In 1997, in its concluding observations on the report of Myanmar, the Committee on the Rights of the Child suggested that the government be proactive in preventing any type of involuntary population movement affecting the rights of children.

Committee on the Rights of the Child, Concluding observations on the report of Myanmar, UN Doc. CRC/C/15/Add.69, 24 January 1997, §§ 40–42.

In 1995, with regard to the Turku Declaration of Minimum Humanitarian Standards, the International Institute of Humanitarian Law commented:

Concerning categories of persons deserving special protection, we draw attention to the practice of forced displacement … of children into another territory, without leaving any trace, so that the identity of these children, when separated from their families, is not preserved. We propose:

In the case of the evacuation of children without their parents to a foreign country, such children should be registered with the appropriate impartial organization.

Article 1(1)(b) of the 1953 Constitution of the IOM states that the purpose and functions of the IOM shall be

to concern itself with the organized transfer of refugees, displaced persons and other individuals in need of international migration services for whom arrangement may be made between the Organization and the States concerned, including those States undertaking to receive them.

Constitution of the International Organization for Migration, Brussels, as adopted by a resolution dated 5 December 1951, 19 October 1953, as amended on 20 May 1987, Article 1(1)(b).

Kampala Convention

Article 5(6) of the 2009 Kampala Convention provides:

States Parties shall provide sufficient protection and assistance to internally displaced persons, and where available resources are inadequate to enable them to do so, they shall cooperate in seeking the assistance of international organizations and humanitarian agencies, civil society organizations and other relevant actors. Such organizations may offer their services to all those in need.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 5(6).

In Article 5(3), the Convention provides:

States Parties shall respect the mandates of the African Union and the United Nations, as well as the roles of international humanitarian organizations in providing protection and assistance to internally displaced persons, in accordance with international law.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 5(3).

Article 8(3) of the Convention imposes specific obligations on the African Union in this regard:

The African Union shall support the efforts of the States Parties to protect and assist internally displaced persons under this Convention. In particular, the Union shall:

a. Strengthen the institutional framework and capacity of the African Union with respect to protection and assistance to internally displaced persons;

b. Coordinate the mobilisation of resources for protection and assistance to internally displaced persons;

c. Collaborate with international organizations and humanitarian agencies, civil society organizations and other relevant actors in accordance with their mandates, to support measures taken by States Parties to protect and assist internally displaced persons.

d. Cooperate directly with African States and international organizations and humanitarian agencies, civil society organizations and other relevant actors, with respect to appropriate measures to be taken in relation to the protection of and assistance to internally displaced persons;

e. Share information with the African Commission on Human and Peoples’ Rights on the situation of displacement, and the protection and assistance accorded to internally displaced persons in Africa; and,

f. Cooperate with the Special Rapporteur of the African Commission on Human and Peoples’ Rights for Refugees, Returnees, IDPs and Asylum Seekers in addressing issues of internally displaced persons.

African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 8(3).

The 1992 Sarajevo Declaration on Humanitarian Treatment of Displaced Persons expressed gratitude and firm support for the role of UNHCR in assisting and protecting the displaced and called for cooperation with UNHCR and other international humanitarian organizations.

Sarajevo Declaration on Humanitarian Treatment of Displaced Persons, signed by the parties to the conflict in Bosnia and Herzegovina under the auspices of the United Nations High Commissioner for Refugees, Sarajevo, 11 April 1992, annexed to Report of the UN Secretary-General pursuant to UN Security Council resolution 749, UN Doc. S/23836, 24 April 1992, Annex III, pp. 12–13.

Recommendation on the Tragic Situation of Civilians in Bosnia and Herzegovina

Paragraph 5 of the 1992 Recommendation on the Tragic Situation of Civilians in Bosnia and Herzegovina provided: “Persons temporarily transferred to areas other than their areas of origin should benefit, as vulnerable groups, from international assistance, inter alia, in conformity with its mandate, by the ICRC.”

Recommendation on the Tragic Situation of Civilians in Bosnia and Herzegovina, adopted at the invitation of the International Committee of the Red Cross and signed by Representatives of Mr. Alija Izetbegović (President of the Republic of Bosnia and Herzegovina and President of the Party of Democratic Action), Representative of Mr. Radovan Karadžić (President of the Serbian Democratic Party), and Representative of Mr. Mate Boban (President of the Croatian Democratic Community), Geneva, 1 October 1992, § 5.

General Peace Agreement for Mozambique

In the 1992 General Peace Agreement for Mozambique, in order to organize necessary assistance for IDPs, the parties agreed “to seek the involvement of competent United Nations agencies … [as well as] the International Red Cross and other organisations”.

General Peace Agreement for Mozambique, along with seven Protocols and four related documents, Rome, 4 October 1992, annexed to Letter dated 6 October 1992 from the permanent representative of Mozambique to the UN addressed to the President of the UN Security Council, UN Doc. S/24635, 8 October 1992.

1. The primary duty and responsibility for providing humanitarian assistance to internally displaced persons lies with national authorities.

2. International humanitarian organisations and other appropriate actors have the right to offer their services in support of the internally displaced … Consent thereto shall not be arbitrarily withheld, particularly when authorities concerned are unable or unwilling to provide the required humanitarian assistance.

3. All authorities concerned shall grant and facilitate the free passage of humanitarian assistance and grant persons engaged in the provision of such assistance rapid and unimpeded access to the internally displaced.

Guiding Principles on Internal Displacement, presented to the UN Commission on Human Rights by the Special Representative of the UN Secretary-General on Internally Displaced Persons, UN Doc. E/CN.4/1998/53/Add.2, 11 February 1998, Principle 25.

… [T]he party to the conflict in whose hands protected persons may be, shall be responsible for their treatment and for making available to such persons facilities to enable such persons to make contact with and application to international humanitarian organisations such as the International Committee of the Red Cross (ICRC).

Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 9.20.

The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).

According to Colombia’s Law on Internally Displaced Persons (1997), forcibly displaced persons have the right to ask for and receive international aid, the corollary of which is the right of the international community to provide humanitarian assistance.

Georgia, Law on Displaced Persons, 1996, as amended to 2010, Article 10(2).

The Law defines an IDP as:

Internally displaced person – [an] IDP is a citizen of Georgia or a stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to a threat to his or his relatives’ life, health and freedom, as a result of an aggression by a foreign state, an internal conflict or massive violations of human rights.

Georgia, Law on Displaced Persons, 1996, as amended to 2010, Article 1.

Georgia

Georgia’s Law on Displaced Persons (1996), as amended in 2011, states:

Georgia, Law on Displaced Persons, 1996, as amended in 2011, Article 10.

The Law defines an internally displaced person from the occupied territory as follows:

Internally displaced person from the occupied territory – IDP is a citizen of Georgia or stateless person permanently residing in Georgia, who was forced to leave his place of permanent residency and seek asylum within the territory of Georgia due to the threat to his life, health and freedom or life, health and freedom of his family members, as a result of aggression of a foreign state, internal conflict o[r] mass violation of human rights or [a]s a result of events determined by … paragraph 11 of article 2 of this Law.

Georgia, Law on Displaced Persons, 1996, as amended in 2011, Article 1(1).

1. Expenses for IDPs envisaged by this Law shall be reimbursed from the state budget.

2. The additional sources of funding include … financial assistance provided by foreign governments and international organizations.”

Georgia, Law on Internally Displaced Persons, 2014, Article 21.

Guinea

Guinea’s Children’s Code (2008) states: “Competent Guinean authorities shall help international organizations tasked with protecting and assisting refugees with their efforts to protect and assist Children.”

Guinea, Children’s Code, 2008, Article 434.

Nepal

In 2007, in its National Policies on Internally Displaced Persons, Nepal stated:

1. Background

…

Due to natural disasters, human-made circumstances and disasters, armed conflict and situations of violence and fears having [been] created therefrom, persons and families are forcefully displaced from their homes or places of their habitual residence and thus they are time and again required to face such situations that force them to reside in other parts of the country. …

…

3. Definitions:

For the purpose of these Policies:

(a) “Internally Displaced Person” means a person who is living somewhere else in the country after having [been] forced to flee or leave their home or place of habitual residence due to armed conflict or situation of violence or gross violations of human rights or natural disasters or human-made disasters … or with an intention of avoiding the effects of such situations.

…

7. Strategies

In order to achieve the objectives of these policies, the following strategies will be adopted:

…

7.2 In order to perform the necessary functions in relation to internal displacement, an institutional mechanism of the government will be developed and integrated and coordinated efforts of local bodies, national and international non-governmental organisations, community organisations, donor agencies, various political parties including private sectors will be mobilized.

…

10. Policy Implementation, Monitoring and Evaluation

…

10.4 An appropriate environment will be created so that international humanitarian and other appropriate institutions could provide support to displaced persons.

When the magnitude of the problem so demands, the State must call for the participation of international organizations, including United Nations agencies, in providing protection and assistance [to internally displaced persons] or [the State must call for] their cooperation through technical advice.

Peru, Law on Internal Displacement, 2004, Article 4(2).

The Law further states:

All authorities concerned must grant and facilitate for international humanitarian organizations and other competent actors, in the exercise of their respective mandates, rapid and unimpeded access to internally displaced persons for them to assist in their return or resettlement and reintegration.

Peru, Law on Internal Displacement, 2004, Article 16.

The Law also states:

Protection and humanitarian assistance are provided without any distinction based on race, colour, sex, language, religion or belief, opinion of a political or any other nature, national, ethnic or social origin, legal or social status, age, disability, economic status, birth or any other similar criterion.

Peru, Law on Internal Displacement, 2004, Article 5.

The Law further states:

Humanitarian assistance is carried out in accordance with the principles of humanity and impartiality and without discrimination, for no more than six months from the moment the provision of humanitarian assistance begins. Special cases, if so required, shall be dealt with individually.

Peru, Law on Internal Displacement, 2004, Article 10.

Peru

Peru’s Regulations to the Law on Internal Displacement (2005) states: “International humanitarian organizations and other competent actors may offer their services in support of internally displaced persons. The State may not withdraw humanitarian assistance within the timeframe stipulated in Article 10 of the Law.”

Peru, Regulations to the Law on Internal Displacement, 2005, Article 17.

The Regulations also states: “All competent authorities shall grant and facilitate the free passage of humanitarian assistance and grant persons engaged in the provision of such assistance rapid and unimpeded access to the internally displaced.”

Peru, Regulations to the Law on Internal Displacement, 2005, Article 18.

In 2009, in its initial report to the Committee on the Rights of the Child, Afghanistan stated:

267. In 2002, a MOU [Memorandum of Understanding] was signed between the GoA [Government of Afghanistan], UNAMA [United Nations Assistance Mission in Afghanistan], and UNHCR giving UNHCR a lead support role in relation to IDPs [internally displaced persons]. In 2005, a National Policy was formed with emphasis on durable solutions and affirming the lead role of the Afghan Government represented by the MoRR [Ministry of Refugees and Repatriations], with the support of UNHCR. The policy aims at assisting IDPs in term of protection, meeting their basic daily needs, and in finding durable solutions for IDPs through voluntary return and/or local integration.

268. … The displacement is mainly due to “conflict, ethnic tensions or human rights violations, and natural disasters such as drought, or secondary displacement”.

269. In 2002, during the fall of the Taliban regime, 1.2 million people were displaced … In 2006 alone, UNAMA reported that around 80–90,000 people fled due to fighting in the Helmand, Kandahar and Uruzgan provinces in southern Afghanistan. Some 99,035 families (490,459 individuals) were assisted between 2002 and July 2008 based on the MOU signed by GoA, UNAMA and UNHCR.

…

271. Conflict-induced displacement remains a concern to National authorities, with a particular focus on the situation in the south and the west portions of the country, where UNHCR has been registering and assisting IDPs.

Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, §§ 267–269 and 271.

[footnotes in original omitted]

Australia

In 2009, in a ministerial statement before the House of Representatives on the humanitarian crisis in Sri Lanka, Australia’s Minister for Foreign Affairs stated:

Australia … urges the Sri Lankan government to ensure as a matter of urgency that the process of evacuation from the conflict zone is open to monitoring by the International Committee of the Red Cross and United Nations High Commissioner for Refugees and other UN officials. Such access would underline the Sri Lankan government’s commitment to the protection of its civilians and build confidence in its management of this difficult situation.

In 2005, in response to a question relating, inter alia, to the provision of assistance to Palestinian refugees, Canada’s Minister of Foreign Affairs stated:

The United Nations Relief and Works Agency for Palestinian refugees, the UNRWA, was established prior to the refugee convention relating to the status of refugees. It was given specific authority to provide assistance to Palestinian refugees.

Reflecting this unique political situation of the Palestinian refugees, the international community, through the UN General Assembly, requires UNRWA to continue to provide humanitarian assistance pending a political situation.

Canada, House of Commons Debates, Statement by the Minister of Foreign Affairs, 16 June 2005, Canadian Yearbook of International Law, 2005, volume XLIII, p. 587.

Canada

In 2012, in a statement on the strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations, the permanent representative of Canada stated:

We recognize the immense pressure that the influx of refugees [from Syria] is placing on refugee host countries and communities. We commend the generosity of neighbouring states – Turkey, Jordan, Lebanon and Iraq – in welcoming refugees fleeing the violence in Syria. Their generosity is borne from a genuine spirit of humanitarianism.

Canada, Statement by the permanent representative of Canada on the strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations, 13 December 2012.

Canada

In 2013, Canada’s Office of the Prime Minister issued a press release entitled “PM announces further support to those affected by the ongoing conflict in Syria”, which stated:

Canada is providing $90 million in support to humanitarian organizations operating in Syria and in refugee-hosting countries with a view to urgently provide food, clean water and sanitation, emergency health care, shelter, and protection for populations affected by the Syrian crisis.

Canada, Office of the Prime Minister, “PM announces further support to those affected by the ongoing conflict in Syria”, Press Release, 17 June 2013.

Canada

In 2013, Canada’s Department of Foreign Affairs, Trade and Development issued a press release entitled “Canada Outlines Humanitarian Assistance in Response to Syrian Crisis”, which stated:

Canada’s humanitarian assistance will address the urgent needs of up to 6.8 million conflict-affected people (including 3.1 million children) living in Syria, 4.25 million of whom are internally displaced. It will also help address the urgent needs of close to two million refugees from Syria in neighbouring countries and Nord Africa.

“Canada is helping to ensure that Syrian people affected by the crisis receive the life-saving emergency support they need,” said Minister Paradis. “Canada’s support will help to ensure that emergency health services, shelter, food, water and protection are provided to the most vulnerable people affected by the conflict both inside Syria and in neighbouring countries.”

In 2013, in a statement during the 68th Session of the UN General Assembly, the Minister of Foreign Affairs of Canada stated: “I commend the work of the UNHCR in providing assistance to the refugees fleeing this terrible conflict [in Syria], and the generosity of Syria’s neighbours in providing safe havens.”

Canada, Address by the Minister of Foreign Affairs during the 68th Session of the UN General Assembly, 30 September 2013.

Canada

In 2013, Canada’s Department of Foreign Affairs, Trade and Development issued a press release entitled “Canada outlines humanitarian assistance in response to Syrian crisis”, which stated:

Canada’s humanitarian assistance will help address the urgent needs of more than eight million conflict-affected and displaced persons living in Syria and in the region, more than four million of whom are children.

…

Canada’s support will provide emergency shelter, food, nutrition, clean water and sanitation, education, and basic health services, including psycho-social and gender-based violence support.

“The Syrian people have been subject to appalling levels of violence and brutality and we continue to call on all parties to the conflict to provide unhindered humanitarian access and allow for the safe delivery of emergency relief to those in need,” added Minister Paradis. “Canada will continue working to meet the basic needs of conflict-affected Syrians living in the country, as well as Syrian refugees who have sought asylum in neighbouring countries.”

In 2016, in its combined initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, Djibouti stated:

II. Articles 1, 2 and 3 of the [1965] Convention [on the Elimination of All Forms of Racial Discrimination]

…

26. As a result of the numerous conflicts in the subregion, the country has taken in a large number of refugees and continues to do so, without distinction as to race, origin or religion.

27. Since 1977 there have been several waves of immigration from neighbouring countries caused by armed conflicts between States: the Ogaden conflict in 1977 between Ethiopia and Somalia; the Badme conflict in 1998 between Ethiopia and Eritrea; and the civil war in Somalia that began in 1991 and led to a large influx of refugees.

28. The first refugees were settled in Dikhil but with the rapidly growing numbers two additional camps were opened by the Government in Holl Holl and Ali Addeh in the Ali-Sabieh region, with the help of the Office of the United Nations High Commissioner for Refugees (UNHCR).

…

32. Since 2015 Djibouti has taken in 17,634 Yemenis fleeing the war in Yemen, of whom two thirds have chosen to settle elsewhere or freely return home. The remaining third are in the Markazi refugee camp near the town of Obock.

…

VI. Article 7

…

156. Education is provided to refugee children by the Office of the United Nations High Commissioner for Refugees (UNHCR) in partnership with the United Nations Educational, Scientific and Cultural Organization (UNESCO) and international non-governmental organizations, such as the Lutheran World Federation.

Djibouti, Initial and second periodic reports to the Committee on the Elimination of Racial Discrimination, 12 April 2016, UN Doc. CERD/C/DJI/1-2, submitted 8 March 2016, §§ 26–28, 32 and 156.

France

The Report on the Practice of France states that France considers humanitarian assistance to displaced persons to be a duty that goes beyond political structures and that humanitarian intervention is becoming an international duty, as long as it is non-discriminatory and focuses on the protection of life and health.

Report on the Practice of France, 1999, Chapter 5.4.

Germany

In 2005, in its Seventh Human Rights Policy Report submitted to the Bundestag (Lower House of Parliament), Germany’s Federal Government stated:

With the 1998 guidelines on the handling of crises related to internally displaced persons (“Guiding Principles on Internal Displacement”) by the then Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons, Francis Deng, the international community has a practice-oriented document, which summarizes existing standards on the protection of internally displaced persons and gives further recommendations. Although these guiding principles are not a binding instrument under international law, their acceptance by States, international organizations and NGOs has continued to grow over the past years, so that now they are virtually regarded as customary international law.

In 2009, in its second periodic report to the Committee on the Rights of the Child, Guinea stated:

471. Guinea has been greatly affected by the civil wars in Liberia and Sierra Leone that have raged since 24 December 1989. Faithfully observing international human rights agreements, the [1989] Convention [on the Rights of the Child] and the [1990] African Charter on the Rights and Welfare of the Child, Guinea has generously opened its doors to more than half a million refugees, including more than 305,000 children and young persons under 18 years of age (or 61 per cent of the refugee population), traumatized and hounded by a war that threatens their survival. They have been given shelter throughout the national territory, but especially in Guinée Forestière.

…

483. These activities [care and support for refugees, including separated children] were carried out with contributions from the following partners: UNHCR, Médecins sans frontières (MSF) France and Belgium, German Agency for International Cooperation (GTZ), IRC, ABC Développement, Centre for International Studies and Cooperation of Canada, the American Refugee Committee (ARC) and others.

- Establishment of a database (Child Connect programme) by IRC to facilitate cross-border family trac[ing] and communication between the different agencies working under the programme, which has attracted the attention of many partners such as UNICEF, Save the Children UK and UNHCR.

Guinea, Second periodic report to the Committee on the Rights of the Child, 18 April 2012, UN Doc. CRC/C/GIN/2, submitted 24 December 2009, §§ 471, 483 and 485.

India

In 2009, in a statement during a debate in the Lower House of Parliament (Lok Sabha) on the situation in Sri Lanka, India’s Minister of External Affairs and Minister of Finance stated:

A serious source of concern to us has been the condition of the civilians and internally displaced persons (IDPs), mostly Tamil, caught up in the zone of conflict. Estimates on the number of civilians trapped vary, but 70,000 or so are estimated to be there now. …

Hon. Members may rest assured that our strong concerns for the safety, security and welfare of the civilians caught in the conflict have led us to stay actively engaged to prevent a further deterioration of humanitarian conditions. We have sent relief supplies to the civilians and the internally displaced persons (IDPs), facilitated access by international and UN organisations, and suggested ways for civilians and IDPs to escape from the conflict zone. Two batches of relief assistance have been sent so far including 80,000 family packs of food and non-food articles, collected and donated by the Government of Tamil Nadu, and medicines. Another batch of relief material is being sent.

India, Statement by the Minister of External Affairs and Minister of Finance during a debate in the Lower House of Parliament (Lok Sabha) on the situation in Sri Lanka, 18 February 2009.

Philippines

In 1990, a number of government departments and NGOs in the Philippines signed a Memorandum of Agreement providing that an NGO medical team would be given access in order to ensure the delivery of health services to IDPs located in evacuation centres or in other areas where health resources were inadequate.

Philippines, Memorandum of Agreement on the Delivery of Health Services between the Departments of Foreign Affairs, Justice, Local Government, National Defense and Health and the Philippines Alliance of Human Rights Advocates (PAHRA), the Free Legal Assistance Group (FLAG) and the Medical Action Group (MAG), 10 December 1990, § 1, Report on the Practice of the Philippines, 1997, Chapter 5.5.

Philippines

The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provide:

In 2010, in a statement at the Tenth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, South Africa’s Deputy Minister of the Department of International Relations and Cooperation stated:

African leaders also recognised that IDPs [internally displaced persons] could be a possible contributing factor to instability on the continent. Faced with the reality that the African continent has one of the largest number of IDPs, estimated at about 11,8 million from 21 countries, Heads of State and Government of Member States of the AU [African Union] met during November 2009 to adopt the Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention), in an effort to address these challenges, the first continent to have done so. …

…

This Convention also recognizes that in order to contribute to a stable Africa, international organisations[,] in particular the ICRC, as well [as] the African Union (AU) and the United Nations (UN) must play an important role in addressing the challenges of IDPs . Partnerships based on mutual respect create favourable conditions for finding durable solutions to the problem of internal displacements. Accordingly, we appreciate the important contribution the ICRC has made to the AU in terms of capacity building and other projects, within the realm of IDPs, as well as to assist in the finalisation of the AU IDP Convention.

South Africa, Statement by the Deputy Minister of the Department of International Relations and Cooperation at the Tenth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, 4 May 2010, pp. 2–3.

Sudan

In 1996, during a debate in the UN Commission on Human Rights, the representative of the Sudan noted that:

his country was grappling with the problem of internally displaced persons and said that the authorities were making every effort to solve it, in particular by establishing specialized agencies and coordinating action by international humanitarian organizations.

As part of its search for solutions at the domestic level, the Government had concluded an agreement with two rebel movements in the southern part of the country, which would help to solve part of the problem …

Sudan would continue to cooperate with the International Committee of the Red Cross and voluntary organizations, including the regions to which displaced persons were returning.

In 2009, in response to a motion before the Council of States by the Commission on Foreign Policy, Switzerland’s Federal Council stated:

The humanitarian situation in Sri Lanka is of the highest concern to the Federal Council. …

…

Humanitarian aid

The Federal Council considers that what is most urgent is to ensure respect for international humanitarian law by all parties to the conflict, the protection of the civilian population and the rapid access of humanitarian organizations, without restriction. For this reason, Switzerland is actively engaged on the ground in delivering essential goods to displaced persons in Vanni, in ensuring their security and in promoting the access, without restriction, of international aid organizations.

The humanitarian assistance provided by Switzerland to Sri Lanka reached 5.1 million Swiss francs in 2008. For the year 2009, a budget of 4.8 million Swiss francs is foreseen and additional resources were made available to finance the delivery of medicine as well as assistance to internally displaced persons that have already been evacuated.

Switzerland, Council of States, Response by the Federal Council to Motion No. 09.3358, 13 May 2009, pp. 1–2.

Switzerland

In 2009, in response to a question by a member of the National Council, Switzerland’s Federal Council stated:

… The Federal Council expressly deplores that this decades-old conflict has … deprived tens of thousands of internally displaced [persons] of their means of subsistence.

…

Humanitarian aid

The Federal Council considers that what is most urgent is to ensure the protection of the civilian population, in particular of evacuated victims of war and internally displaced [persons]. This is why Switzerland is actively engaged on the ground in ensuring that international aid organizations have access, without restriction, to these persons, that these persons have adequate support through the supply of food, medication and emergency shelter, and that they can return as quickly as possible to their region of origin, in safety and dignity.

Switzerland, National Council, Response by the Federal Council to Question No. 09.1059, 19 August 2009, pp. 1–2.

Switzerland

In 2009, in its Report on Foreign Policy, Switzerland’s Federal Council stated:

Due to its long presence in the region, Switzerland was able to react promptly and in an adapted manner to the armed conflict between Russia and Georgia concerning South Ossetia; it adjusted and intensified certain aspects of its engagement in the region ( … programmes to assist persons displaced by the conflict …). …

…

… In Colombia, the humanitarian assistance of the [Swiss] Confederation is for victims of violations of human rights linked to the long internal conflict and to persons displaced within the country.

…

Persons displaced because of armed conflicts … will continue to be the object of Switzerland’s specific attention whether on the legal, political or operational level. This consists of, through a constant exchange with and with the support of our main partners, promoting respect for the law and seeking durable solutions for the millions of persons forced into displacement.

In 2010, in its Report on Foreign Policy, Switzerland’s Federal Council stated:

Despite the efforts of the international community, the number of persons having to leave their countries due to war, violence or natural catastrophes is increasing. …

Far from their homes, these persons more than ever need protection that many States are not able to ensure. One of the main missions of the international community consists of assisting these States to protect the groups of vulnerable persons, in conformity with their international commitments. This consists of, in particular, … providing the necessary assistance to victims, first of all among them to women and children.

In 2008, in its second periodic report to the Committee on the Rights of the Child, Tajikistan stated: “Over the last 10 years, the conflict in Afghanistan has driven about a thousand Afghans to seek refuge in Tajikistan.”

Tajikistan, Second periodic report to the Committee on the Rights of the Child, 2 April 2009, UN Doc. CRC/C/TJK/2, submitted 21 February 2008, § 8.

In the report, Tajikistan also stated:

540. The refugee children come from the Islamic Republic of Afghanistan. …

…

542. It is mainly the UNHCR that provides protection and humanitarian assistance for refugee children and refugees in general, through its partners in the field, namely, the Norwegian Refugee Council, the NGO Refugee Children and Vulnerable Citizens (RСVС), the Legal Aid Centre of the NGO Society and Law[,] and other organizations, such as the International Committee of the Red Cross and the Red Crescent Society of Tajikistan.

543. The UNHCR and the RСVС provide material, humanitarian and medical assistance for 2,350 refugees and child refugees (the latter account for half the total) and refunds 50 per cent of what they spend on medicines. These refugees can consult doctors free of charge and obtain hospital treatment. Persons with disabilities of various kinds and vulnerable groups with children receive a monthly allowance. The poorest groups have their rent paid.

Tajikistan, Second periodic report to the Committee on the Rights of the Child, 2 April 2009, UN Doc. CRC/C/TJK/2, submitted 21 February 2008, §§ 540 and 542–543.

Thailand

In 2011, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Thailand stated:

Children in temporary shelters for displaced persons fleeing armed conflict

…

101. The aim of Thailand’s policy towards displaced persons fleeing armed conflict is to provide assistance on a humanitarian basis pending eventual repatriation. While taking refuge in the temporary shelters, displaced persons are forbidden to go out of the designated areas or take any actions that might jeopardize the relationships with Thailand’s neighbors. The management of the camps follows strict guidelines and takes into account the observations and concerns of the CRC Committee [Committee on the Rights of the Child].

102. Some of the measures taken to ensure proper care and treatment of these people are:

…

(f) Cooperation with 17 private organizations and international organizations in providing care and welfare services to displace[d] persons[.]

Thailand, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 14 September 2011, UN Doc. CRC/C/THA/3-4, submitted 11 July 2011, §§ 101 and 102(f).

United Kingdom of Great Britain and Northern Ireland

In 1994, during a debate in the UN Security Council on Rwanda, the United Kingdom welcomed the efforts being made by various UN agencies and NGOs to alleviate the suffering of IDPs. It noted that the UK Government had made a “substantial commitment” to the work of these organizations.

In 2003, in reply to a question in the House of Commons on “people internally displaced as a result of the conflict in Iraq”, the UK Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, stated:

We have talked to the various NGOs that may have to deal with some of the IDPs [internally displaced persons], and to the countries that may be affected as people try to move towards their borders. We have been seeking agreements with other countries about how they will respond to the refugees coming towards their borders. We have also been talking to the military, who will obviously come across IDPs very quickly. We have discussed how they will ensure that those people’s safety is guaranteed and how they will ensure that IDPs get the humanitarian aid that they need as quickly as possible.

United Kingdom, House of Commons, Statement by the Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, Hansard, 19 March 2003, Vol. 401, Debates, col. 946.

United States of America

In 1991, during a debate in the UN Security Council, the United States expressed profound concern about the plight of displaced persons and noted that the United States had contributed generously to the care and maintenance of the displaced in Iraq.

In a Joint Communiqué issued in 1992, the President and the Prime Minister of the Federal Republic of Yugoslavia expressed strong support for “the efforts of all agencies, local and international, to relieve the plight of displaced persons in all territories of the former Yugoslavia”.

Yugoslavia, Federal Republic of, Joint Communiqué by the President and the Prime Minister, Belgrade, 11 September 1992, annexed to Report of the UN Secretary-General on the International Conference on the Former Yugoslavia, UN Doc. S/24795, 11 November 1992, p. 35, § 3(e).

In a resolution adopted in 1991 on repression of the Iraqi civilian population, including Kurds in Iraq, the UN Security Council asked the Secretary-General “to use all the resources at his disposal, including those of the relevant United Nations agencies, to address urgently the critical needs of the refugees and displaced Iraqi population”.

In a resolution adopted in 1995 on Tajikistan, the UN Security Council noted the request “addressed to international organizations and States to provide substantial financial and material support to the refugees and internally displaced persons”.

In three resolutions adopted in 1995 in the context of the conflict in the former Yugoslavia, the UN Security Council reiterated its demand that immediate and unimpeded access to displaced people be given to representatives of UNHCR, the ICRC and other international agencies.

In a resolution adopted in 1997 on Croatia, the UN Security Council welcomed “the renewed mandate of the Organization for Security and Co-operation in Europe, in particular [its] focus on … return of all refugees and displaced persons [and] protection of their rights”.

In a resolution adopted in 2006 on the protection of civilians in armed conflict, the UN Security Council urged “the international community to provide support and assistance to enable States to fulfil their responsibilities regarding the protection of refugees and other persons protected under international humanitarian law”.

In a resolution adopted in 2006 on the Sudan, the UN Security Council:

Expresses its deep concern for the security of humanitarian aid workers and their access to populations in need, including refugees, internally displaced persons and other war-affected populations, and calls upon all parties, in particular the Government of National Unity, to ensure, in accordance with relevant provisions of international law, the full, safe and unhindered access of relief personnel to all those in need in Darfur as well as the delivery of humanitarian assistance, in particular to internally displaced persons and refugees.

In 1995, in a statement by its President on Croatia, the UN Security Council called on all the parties “to cooperate fully with UNCRO, UNHCR and the ICRC in protecting and assisting the local civilians and any displaced persons”.

In 1997, in a statement by its President on the Great Lakes region/Zaire, the UN Security Council called upon all parties “to allow access by United Nations High Commissioner for Refugees and humanitarian agencies to refugees and displaced persons”.

In further statements by its President the same year, the UN Security Council called upon the Alliance of Democratic Forces for the Liberation of Congo/Zaire (ADFL) to ensure safe and unrestricted access by humanitarian relief agencies so as to guarantee humanitarian aid and the safety of displaced persons in the areas under its control.

In 1997, in a statement by its President on Georgia, the UN Security Council welcomed “the continued efforts by United Nations agencies and humanitarian organizations to address the urgent needs of … internally displaced persons” and encouraged “further contributions to that end”.

In 1997, in a statement by its President on the Democratic Republic of the Congo, the UN Security Council called for access for humanitarian assistance to be facilitated and for the rights of refugees and displaced persons to be fully respected.

In 2007, in a statement by its President on the situation in Somalia, the UN Security Council emphasized “the need for strengthened efforts to provide humanitarian relief assistance to Somalia, including assistance to the hundreds of thousands of displaced persons, and urges Member States to support generously such operations”.

In a resolution adopted in 1950, the UN General Assembly adopted the Statute of the Office of the United Nations High Commissioner for Refugees, which provides that the High Commissioner shall promote the execution of any measures calculated to improve the situation of refugees.

In a resolution adopted in 1998 on the situation of human rights in Kosovo, the UN General Assembly:

Requests the Secretary-General to pursue his humanitarian efforts in the Federal Republic of Yugoslavia (Serbia and Montenegro), working through the Office of the United Nations High Commissioner for Refugees, the World Food Programme, the United Nations Children’s Fund, other appropriate humanitarian organizations and the Office of the United Nations High Commissioner for Human Rights, with a view to assist in the voluntary return of the displaced persons to their homes in conditions of safety and dignity.

In a resolution adopted in 2003 on Afghanistan, the UN General Assembly:

Expresses gratitude to those countries that continue to host Afghan refugee populations, and at the same time once again calls upon all groups to continue to fulfil their obligations for the protection of refugees and internally displaced persons and to allow international access for their protection and care.

In a resolution adopted in 2003 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:

Encourages Member States with internally displaced persons to develop or strengthen, as appropriate, national laws, policies and minimum standards on internal displacement, inter alia, taking into account the Guiding Principles on Internal Displacement, and to continue to work with humanitarian agencies in endeavours to provide a more predictable response to the needs of internally displaced persons, and in this regard calls for international support, upon request, to capacity-building efforts of Governments.

In a resolution adopted in 2003 on assistance for humanitarian relief, rehabilitation and development for Timor-Leste, the UN General Assembly:

Welcomes the efforts of the Government of Indonesia and relevant intergovernmental and non-governmental organizations in providing humanitarian assistance to the refugees of Timor-Leste in the Indonesian province of East Nusa Tenggara, in facilitating their return to and reintegration in Timor-Leste or in assisting with their local integration and resettlement, as appropriate, in Indonesia.

UN General Assembly, Res. 58/121, 17 December 2003, preamble, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

Convinced of the need to strengthen the capacity of States to provide assistance to and protection for refugees, returnees and displaced persons and of the need for the international community, within the context of burden-sharing, to increase its material, financial and technical assistance to the countries affected by refugees, returnees and displaced persons, to simultaneously address the inadequacies of existing assistance arrangements and to support initiatives in this regard,

…

10. … calls upon African States, the international community and relevant United Nations organizations to take concrete action to meet the needs of refugees, returnees and displaced persons for protection and assistance and to contribute generously to national projects and programmes aimed at alleviating their plight;

…

35. Expresses grave concern about the plight of internally displaced persons in Africa, … and urges the international community, led by relevant United Nations organizations, to contribute generously to national projects and programmes aimed at alleviating the plight of internally displaced persons.

UN General Assembly, Res. 58/149, 22 December 2003, preamble and §§ 10 and 35, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on assistance to unaccompanied refugee minors, the UN General Assembly:

10. Calls upon the Secretary-General, the United Nations High Commissioner for Refugees, the Office for the Coordination of Humanitarian Affairs of the Secretariat, the United Nations Children’s Fund, other United Nations organizations and other international organizations to mobilize adequate assistance to unaccompanied refugee minors in the areas of relief, education, recreational activities, health and psychological rehabilitation;

11. Encourages the Special Representative of the Secretary-General for Children and Armed Conflict in his efforts to raise awareness worldwide and mobilize official and public opinion for the protection of children affected by armed conflict, including refugee minors.

UN General Assembly, Res. 58/150, 22 December 2003, preamble and §§ 10–11, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

5. Re-emphasizes that the protection of refugees is primarily the responsibility of States, whose full and effective cooperation, action and political resolve are required to enable the Office of the High Commissioner to fulfil its mandated functions;

6. Emphasizes that international protection is a dynamic and action-oriented function that is at the core of the mandate of the Office of the High Commissioner and which includes, in cooperation with States and other partners, the promotion and facilitation of, inter alia, the admission, reception and treatment of refugees and the ensuring of durable, protection-oriented solutions, bearing in mind the particular needs of vulnerable groups …

…

8. Recalls the important role of effective partnerships and coordination in meeting the needs of refugees and other displaced persons and in finding durable solutions to their situations, and welcomes the efforts under way, in cooperation with other United Nations agencies and development actors, to promote a framework for durable solutions, particularly in protracted refugee situations, including the “4Rs” approach (repatriation, reintegration, rehabilitation and reconstruction) to sustainable return;

9. Urges all States and relevant non-governmental and other organizations, in conjunction with the Office of the High Commissioner, in a spirit of international solidarity and burden- and responsibility-sharing, to cooperate and to mobilize resources with a view to enhancing the capacity of, and reducing the heavy burden borne by, countries that have received large numbers of refugees and asylum-seekers, and calls upon the Office to continue to play its catalytic role in mobilizing assistance from the international community to address the root causes as well as the economic, environmental and social impact of large-scale refugee populations in developing countries, particularly least developed countries, and countries with economies in transition;

10. Strongly reaffirms the fundamental importance and the purely humanitarian and non-political character of the function of the Office of the High Commissioner of providing international protection to refugees and seeking permanent solutions to refugee problems, and recalls that these solutions include voluntary repatriation and, where appropriate and feasible, local integration and resettlement in a third country, while reaffirming that voluntary repatriation, supported by necessary rehabilitation and development assistance to facilitate sustainable reintegration, remains the preferred solution.

UN General Assembly, Res. 58/151, 22 December 2003, §§ 5–6 and 8–10, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on human rights and mass exoduses, the UN General Assembly acknowledged with appreciation “the important and independent work of the International Red Cross and Red Crescent Movement and other humanitarian agencies in protecting and assisting refugees and internally displaced persons, in cooperation with relevant international bodies”.

UN General Assembly, Res. 58/169, 22 December 2003, preamble, adopted without a vote.

UN General Assembly

In a resolution adopted in 2003 on the protection of and assistance to internally displaced persons, the UN General Assembly:

Acknowledging with appreciation the important and independent contribution of the International Red Cross and Red Crescent Movement and other humanitarian agencies in protecting and assisting internally displaced persons, in cooperation with relevant international bodies,

…

17. Welcomes the initiatives undertaken by regional organizations, such as the African Union, the Organization of American States, the Organization for Security and Cooperation in Europe, the Intergovernmental Authority on Development, the Council of Europe, the Commonwealth and the Economic Community of West African States, to address the protection, assistance and development needs of internally displaced persons, and encourages them and other regional organizations to strengthen their activities and their cooperation with the Representative of the Secretary-General.

UN General Assembly, Res. 58/177, 22 December 2003, preamble and § 17, adopted without a vote.

UN General Assembly

In a resolution adopted in 2004 on emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan, the UN General Assembly:

Expresses its appreciation to those Governments that continue to host Afghan refugees, acknowledging the huge burden they have so far shouldered in this regard, and reminds them of their obligations under international refugee law with respect to the protection of refugees and the right to seek asylum and to allow international access for their protection and care.

In a resolution adopted in 2004 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:

Encourages Member States with internally displaced persons to develop or strengthen, as appropriate, national laws, policies and minimum standards on internal displacement, inter alia, taking into account the Guiding Principles on Internal Displacement, and to continue to work with humanitarian agencies in endeavours to provide a more predictable response to the needs of internally displaced persons, and in this regard calls for international support, upon request, to the capacity-building efforts of Governments.

In a resolution adopted in 2004 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

6. Re-emphasizes that the protection of refugees is primarily the responsibility of States, whose full and effective cooperation, action and political resolve are required to enable the Office of the High Commissioner to fulfil its mandated functions;

7. Urges all States and relevant non-governmental and other organizations, in conjunction with the Office of the High Commissioner and in a spirit of international solidarity and burden- and responsibility-sharing, to cooperate and to mobilize resources with a view to enhancing the capacity of, and reducing the heavy burden borne by, countries that have received large numbers of refugees and asylum-seekers, including by holding international consultations aimed at developing a comprehensive plan of action, as appropriate, to respond to a specific mass influx or protracted refugee situation, and calls upon the Office to continue to play its catalytic role in mobilizing assistance from the international community to address the root causes as well as the economic, environmental and social impact of large-scale refugee populations in developing countries, in particular the least developed countries, and countries with economies in transition;

8. Emphasizes that international protection is a dynamic and action-oriented function that is at the core of the mandate of the Office of the High Commissioner and that includes, in cooperation with States and other partners, the promotion and facilitation of, inter alia, the admission, reception and treatment of refugees and the ensuring of durable, protection-oriented solutions, bearing in mind the particular needs of vulnerable groups …;

…

10. Recalls the important role of effective partnerships and coordination in meeting the needs of refugees and other displaced persons and in finding durable solutions to their situations, welcomes the efforts under way, in cooperation with refugee-hosting countries and countries of origin, including their respective local communities, United Nations agencies and other development actors, to promote a framework for durable solutions, particularly in protracted refugee situations, including the “4Rs” approach (repatriation, reintegration, rehabilitation and reconstruction) to sustainable return …;

11. Strongly reaffirms the fundamental importance and the purely humanitarian and non-political character of the function of the Office of the High Commissioner of providing international protection to refugees and seeking permanent solutions to refugee problems, and recalls that these solutions include voluntary repatriation and, where appropriate and feasible, local integration and resettlement in a third country, while reaffirming that voluntary repatriation, supported by necessary rehabilitation and development assistance to facilitate sustainable reintegration, remains the preferred solution.

UN General Assembly, Res. 59/170, 20 December 2004, §§ 6–8 and 10–11, adopted without a vote.

UN General Assembly

In a resolution adopted in 2004 on humanitarian and special economic assistance to Serbia and Montenegro, the UN General Assembly:

1. Calls upon all States, regional organizations, intergovernmental and nongovernmental organizations and other relevant bodies to continue to provide assistance to alleviate the needs of refugees and internally displaced persons, bearing in mind in particular the special situation of women, children, the elderly and other vulnerable groups, and to assist financially and otherwise in seeking durable solutions for a safe return of refugees and internally displaced persons to their places of origin, or for settlement at their place of refuge for those who want to integrate locally, in cooperation with the local authorities, with a successive transition to development projects aimed at durable solutions to those questions;

…

5. Welcomes the continued commitment of Serbia and Montenegro and encourages it to cooperate further with the United Nations system as well as development and humanitarian organizations to address the needs of the affected population, including refugees and internally displaced persons, and urges the relevant authorities and the international community to support and stimulate development assistance for the implementation of the National Strategy for Resolving Problems of Refugees and Internally Displaced Persons, national strategies for poverty reduction and other programmes that will ensure that the needs of the vulnerable refugees and internally displaced persons in Serbia and Montenegro are met and to pursue durable solutions to their plight, in particular voluntary repatriation and reintegration, stresses the need to create conditions that are conducive to their safe return, and emphasizes in this regard the importance of regional cooperation in the search for solutions to the plight of refugees;

6. Urges the relevant government authorities in Serbia and Montenegro to develop, with the assistance of the United Nations system, national policies for comprehensive durable solutions for internally displaced persons based on the Guiding Principles on Internal Displacement, and in that regard invites the United Nations Interim Administration Mission in Kosovo to strengthen its efforts, within its mandate, in coordination with relevant government authorities in Serbia and Montenegro, for the establishment of the necessary conditions for the safe and sustainable return of internally displaced persons.

UN General Assembly, Res. 59/215, 22 December 2004, §§ 1 and 5–6, adopted without a vote.

UN General Assembly

In a resolution adopted in 2004 on international assistance for the economic rehabilitation of Angola, the UN General Assembly:

Recognizing the urgent need to address as well as to increase national efforts and international support for the resettlement and reintegration of internally displaced persons as well as for the return of refugees and vulnerable groups and for their care in all parts of Angola,

…

5. Recognizes the primary responsibility of the Government of Angola for the welfare of all its citizens, including returning refugees and internally displaced persons, and calls upon Member States, in particular the donor community, including through South-South Cooperation and triangular cooperation, to continue to support the remaining humanitarian needs in Angola and to assist with the return and resettlement of refugees and internally displaced persons.

UN General Assembly, Res. 59/216, 22 December 2004, preamble and § 5, adopted without a vote.

UN General Assembly

In a resolution adopted in 2004 on assistance for the rehabilitation and reconstruction of Liberia, the UN General Assembly:

7. Urges the National Transitional Government and all States to facilitate and support the return and reintegration of ex-combatants into their home communities, with special attention to children;

8. Commends the Secretary-General for his continuing efforts to mobilize international assistance for the development and reconstruction of Liberia, and requests him to continue his efforts to mobilize all possible assistance within the United Nations system to help in the reconstruction and development of Liberia and in the return and reintegration of refugees, displaced persons and demobilized soldiers.

In a resolution adopted in 2005 on emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan, the UN General Assembly:

17. Expresses its appreciation to those Governments that continue to host Afghan refugees, acknowledging the huge burden they have so far shouldered in this regard, and reminds them of their obligations under international refugee law with respect to the protection of refugees, the principle of voluntary return and the right to seek asylum and to allow international access for their protection and care;

18. Urges the Government of Afghanistan, acting with the support of the international community, to continue and strengthen its efforts to create the conditions for the voluntary, safe, dignified and sustainable return and reintegration of the remaining Afghan refugees and internally displaced persons;

19. Calls for the provision of continued international assistance to the large numbers of Afghan refugees and internally displaced persons to facilitate their voluntary, safe and orderly return.

In a resolution adopted in 2005 on persons displaced as a result of the June 1967 and subsequent hostilities, the UN General Assembly:

3. Endorses … the efforts of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue to provide humanitarian assistance, as far as practicable, on an emergency basis, and as a temporary measure, to persons in the area who are currently displaced and in serious need of continued assistance as a result of the June 1967 and subsequent hostilities;

4. Strongly appeals to all Governments and to organizations and individuals to contribute generously to the Agency and to the other intergovernmental and nongovernmental organizations concerned for the above-mentioned purposes.

In a resolution adopted in 2005 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:

Recognizes the Guiding Principles on Internal Displacement as an important international framework for the protection of internally displaced persons, and encourages Member States and humanitarian agencies to work together in endeavours to provide a more predictable response to the needs of internally.

In a resolution adopted in 2005 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

9. Recalls the conclusion on registration of refugees and asylum-seekers adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-second session, notes the many forms of harassment faced by refugees and asylum-seekers who remain without any form of documentation attesting to their status, recalls the responsibility of States to register refugees on their territories, reiterates in this context the central role which early and effective registration and documentation can play, guided by protection considerations, in enhancing protection and supporting efforts to find durable solutions, and calls upon the Office of the High Commissioner, as appropriate, to help States to conduct this procedure should they be unable to register refugees on their territory;

10. Calls upon the international community, including States and the Office of the High Commissioner and other relevant United Nations organizations, within their respective mandates, to take concrete action to meet the protection and assistance needs of refugees, returnees and displaced persons and to contribute generously to projects and programmes aimed at alleviating their plight and facilitating durable solutions for refugees and displaced persons.

In a resolution adopted in 2005 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

7. Re-emphasizes that the protection of refugees is primarily the responsibility of States, whose full and effective cooperation, action and political resolve are required to enable the Office of the High Commissioner to fulfil its mandated functions;

8. Urges all States and relevant non-governmental and other organizations, in conjunction with the Office of the High Commissioner, in a spirit of international solidarity and burden- and responsibility-sharing, to cooperate and to mobilize resources with a view to enhancing the capacity of, and reducing the heavy burden borne by, countries that have received large numbers of refugees and asylum-seekers, and calls upon the Office to continue to play its catalytic role in mobilizing assistance from the international community to address the root causes as well as the economic, environmental and social impact of large-scale refugee populations in developing countries, in particular the least developed countries, and countries with economies in transition;

9. Emphasizes that international protection of refugees is a dynamic and action-oriented function that is at the core of the mandate of the Office of the High Commissioner and that it includes, in cooperation with States and other partners, the promotion and facilitation of, inter alia, the admission, reception and treatment of refugees in accordance with internationally agreed standards and the ensuring of durable, protection-oriented solutions, bearing in mind the particular needs of vulnerable;

…

12. Recalls the important role of effective partnerships and coordination in meeting the needs of refugees and other displaced persons and in finding durable solutions to their situations, welcomes the efforts under way, in cooperation with countries hosting refugees and countries of origin, including their respective local communities, United Nations agencies and other development actors, to promote a framework for durable solutions, particularly in protracted refugee situations, which includes the “4Rs” approach (repatriation, reintegration, rehabilitation and reconstruction) to sustainable return …

13. Strongly reaffirms the fundamental importance and the purely humanitarian and non-political character of the function of the Office of the High Commissioner of providing international protection to refugees and seeking permanent solutions to refugee problems, and recalls that these solutions include voluntary repatriation and, where appropriate and feasible, local integration and resettlement in a third country, while reaffirming that voluntary repatriation, supported by necessary rehabilitation and development assistance to facilitate sustainable reintegration, remains the preferred solution.

UN General Assembly, Res. 60/129, 16 December 2005, §§ 7–9 and 12–13, adopted without a vote.

UN General Assembly

In a resolution adopted in 2005 on the universal realization of the right of peoples to self-determination, the UN General Assembly:

Expressing grave concern that … millions of people have been and are being uprooted from their homes as refugees and displaced persons, and emphasizing the urgent need for concerted international action to alleviate their condition.

UN General Assembly, Res. 60/145, 16 December 2005, preamble, adopted without a vote.

UN General Assembly

In a resolution adopted in 2005 on the protection of and assistance to internally displaced persons, the UN General Assembly:

Acknowledging with appreciation the important and independent contribution of the International Red Cross and Red Crescent Movement and other humanitarian agencies in protecting and assisting internally displaced persons, in cooperation with relevant international bodies,

…

18. Welcomes the initiatives undertaken by regional organizations, such as the African Union, the Organization of American States, the Organization for Security and Cooperation in Europe, the Intergovernmental Authority on Development, the Council of Europe, the Commonwealth and the Economic Community of West African States, to address the protection, assistance and development needs of internally displaced persons, and encourages them and other regional organizations to strengthen their activities and their cooperation with the Representative of the Secretary-General.

UN General Assembly, Res. 60/168, 16 December 2005, preamble and § 18, adopted without a vote.

UN General Assembly

In a resolution adopted in 2006 on the situation in Afghanistan, the UN General Assembly:

31. Expresses its appreciation to those Governments that continue to host Afghan refugees, acknowledging the huge burden they have so far shouldered in this regard, and reminds them of their obligations under international refugee law with respect to the protection of refugees, the principle of voluntary return and the right to seek asylum and to allow international access for their protection and care;

32. Urges the Government of Afghanistan, acting with the support of the international community, to continue and strengthen its efforts to create the conditions for the voluntary, safe, dignified and sustainable return and reintegration of the remaining Afghan refugees and internally displaced persons;

33. Calls for the provision of continued international assistance to the large numbers of Afghan refugees and internally displaced persons to facilitate their voluntary, safe and orderly return and sustainable reintegration into society so as to contribute to the stability of the entire country.

In a resolution adopted in 2006 on persons displaced as a result of the June 1967 and subsequent hostilities, the UN General Assembly:

3. Endorses, in the meanwhile, the efforts of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue to provide humanitarian assistance, as far as practicable, on an emergency basis, and as a temporary measure, to persons in the area who are currently displaced and in serious need of continued assistance as a result of the June 1967 and subsequent hostilities;

4. Strongly appeals to all Governments and to organizations and individuals to contribute generously to the Agency and to the other intergovernmental and non-governmental organizations concerned for the above-mentioned purposes.

In a resolution adopted in 2006 on operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, the UN General Assembly:

1. Expresses its appreciation to the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, as well as to all of the staff of the Agency, for their tireless efforts and valuable work, particularly in the light of the difficult conditions during the past year;

…

6. Endorses, meanwhile, the efforts of the Commissioner-General to continue to provide humanitarian assistance, as far as practicable, on an emergency basis, and as a temporary measure, to persons in the area who are internally displaced and in serious need of continued assistance as a result of recent incursions in the Occupied Palestinian Territory and hostilities in Lebanon;

7. Acknowledges the important support provided by the host Governments to the Agency in the discharge of its duties.

In a resolution adopted in 2006 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:

Recognizes the Guiding Principles on Internal Displacement as an important international framework for the protection of internally displaced persons, and encourages Member States and humanitarian agencies to continue to work together in endeavours to provide a more predictable response to the needs of internally displaced persons, and in this regard calls for international support, upon request, to capacity-building efforts of States.

In a resolution adopted in 2006 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

6. Re-emphasizes that the protection of refugees is primarily the responsibility of States, whose full and effective cooperation, action and resolve are required to enable the Office of the High Commissioner to fulfil its mandated functions, and strongly emphasizes, in this context, the importance of active international solidarity and burden- and responsibility-sharing;

…

8. Also emphasizes that protection of and assistance to internally displaced persons are primarily the responsibility of States, in appropriate cooperation with the international community;

9. Urges all States and relevant non-governmental and other organizations, in conjunction with the Office of the High Commissioner, in a spirit of international solidarity and burden- and responsibility-sharing, to cooperate and to mobilize resources with a view to enhancing the capacity of and reducing the heavy burden borne by host countries, in particular those that have received large numbers of refugees and asylum-seekers, and calls upon the Office to continue to play its catalytic role in mobilizing assistance from the international community to address the root causes as well as the economic, environmental and social impact of large-scale refugee populations in developing countries, in particular the least developed countries, and countries with economies in transition.

UN General Assembly, Res. 61/137, 19 December 2006, §§ 6 and 8–9, adopted without a vote.

UN General Assembly

In a resolution adopted in 2006 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

5. Expresses its appreciation for the leadership shown by the Office of the United Nations High Commissioner for Refugees, and commends the Office for its ongoing efforts, with the support of the international community, to assist African countries of asylum and to respond to the protection and assistance needs of refugees, returnees and displaced persons in Africa;

…

11. Calls upon the international community, including States and the Office of the High Commissioner and other relevant United Nations organizations, within their respective mandates, to take concrete action to meet the protection and assistance needs of refugees, returnees and displaced persons and to contribute generously to projects and programmes aimed at alleviating their plight and facilitating durable solutions for refugees and displaced persons;

…

13. Also reaffirms that respect by States for their protection responsibilities towards refugees is strengthened by international solidarity involving all members of the international community and that the refugee protection regime is enhanced through committed international cooperation in a spirit of solidarity and burden- and responsibility-sharing among all States;

…

17. Calls upon the Office of the High Commissioner, the African Union, subregional organizations and all African States, in conjunction with agencies of the United Nations system, intergovernmental and non-governmental organizations and the international community, to strengthen and revitalize existing partnerships and forge new ones in support of the international refugee protection system;

18. Calls upon the Office of the High Commissioner, the international community and other concerned entities to intensify their support to African Governments through appropriate capacity-building activities, including training of relevant officers, disseminating information about refugee instruments and principles, providing financial, technical and advisory services to accelerate the enactment or amendment and implementation of legislation relating to refugees, strengthening emergency response and enhancing capacities for the coordination of humanitarian activities;

…

24. Urges the international community, in the spirit of international solidarity and burden-sharing, to continue to fund generously the refugee programmes of the Office of the High Commissioner and, taking into account the substantially increased needs of programmes in Africa, inter alia, as a result of repatriation possibilities, to ensure that Africa receives a fair and equitable share of the resources designated for refugees.

In a resolution adopted in 2006 on the universal realization of the right of peoples to self-determination, the UN General Assembly:

Expressing grave concern that … millions of people have been and are being uprooted from their homes as refugees and displaced persons, and emphasizing the urgent need for concerted international action to alleviate their condition.

UN General Assembly, Res. 61/150, 19 December 2006, preamble, adopted without a vote.

UN General Assembly

In a resolution adopted in 2006 on the human rights situation arising from the recent Israeli military operations in Lebanon, the UN General Assembly:

Calls uponthe international community to urgently provide the Government of Lebanon with financial assistance in support of the national early recovery, reconstruction and enhancing the national economy, including the rehabilitation of victims, return of displaced persons and restoration of the essential infrastructure …

In a resolution adopted in 2006 on the situation of human rights in Myanmar, the UN General Assembly strongly called upon the Government of Myanmar “to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community”.

In a resolution adopted in 2007 on cooperation between the United Nations and the African Union, the UN General Assembly:

Stressing the urgent need to address the plight of refugees and internally displaced persons in Africa,

…

18. Also urges the United Nations system to continue to implement resolution 58/149 of 22 December 2003 on assistance to refugees, returnees and displaced persons in Africa, and effectively to support African countries in their effort to incorporate the problems of refugees into national and regional development plans.

UN General Assembly, Res. 61/296, 17 September 2007, preamble and § 18, adopted without a vote.

UN General Assembly

In a resolution adopted in 2007 on the situation in Afghanistan, the UN General Assembly:

41. Expresses its appreciation to those Governments that continue to host Afghan refugees, acknowledging the huge burden they have so far shouldered in this regard, and reminds them of their obligations under international refugee law with respect to the protection of refugees, the principle of voluntary return and the right to seek asylum and to allow international access for their protection and care;

42. Urges the Government of Afghanistan, acting with the support of the international community, to continue and strengthen its efforts to create the conditions for the voluntary, safe, dignified and sustainable return and reintegration of the remaining Afghan refugees and internally displaced persons;

…

44. Calls for the provision of continued international assistance to the large numbers of Afghan refugees and internally displaced persons to facilitate their voluntary, safe, dignified and orderly return and sustainable reintegration into society so as to contribute to the stability of the entire country.

UN General Assembly, Res. 62/6, 11 November 2007, §§ 41–42 and 44, adopted without a vote.

UN General Assembly

In a resolution adopted in 2007 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, the UN General Assembly:

Recognizes the Guiding Principles on Internal Displacement as an important international framework for the protection of internally displaced persons, encourages Member States and humanitarian agencies to continue to work together in endeavours to provide a more predictable response to the needs of internally displaced persons, and in this regard calls for international support, upon request, to capacity-building efforts of States.

In a resolution adopted in 2007 on persons displaced as a result of the June 1967 and subsequent hostilities, the UN General Assembly:

3. Endorses, in the meanwhile, the efforts of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue to provide humanitarian assistance, as far as practicable, on an emergency basis, and as a temporary measure, to persons in the area who are currently displaced and in serious need of continued assistance as a result of the June 1967 and subsequent hostilities;

4. Strongly appeals to all Governments and to organizations and individuals to contribute generously to the Agency and to the other intergovernmental and non-governmental organizations concerned for the above-mentioned purposes.

In a resolution adopted in 2007 on UNRWA operations, the UN General Assembly:

1. Expresses its appreciation to the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, as well as to all of the staff of the Agency, for their tireless efforts and valuable work, particularly in the light of the difficult conditions during the past year;

…

5. Endorses, meanwhile, the efforts of the Commissioner-General to continue to provide humanitarian assistance, as far as practicable, on an emergency basis, and as a temporary measure, to persons in the area who are internally displaced and in serious need of continued assistance as a result of recent incursions in the Occupied Palestinian Territory and hostilities in Lebanon;

6. Acknowledges the important support provided by the host Governments to the Agency in the discharge of its duties.

In a resolution adopted in 2007 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:

6. Re-emphasizes that the protection of refugees is primarily the responsibility of States, whose full and effective cooperation, action and political resolve are required to enable the Office of the High Commissioner to fulfil its mandated functions, and strongly emphasizes, in this context, the importance of active international solidarity and burden- and responsibility-sharing;

…

8. Further re-emphasizes that protection of and assistance to internally displaced persons are primarily the responsibility of States, in appropriate cooperation with the international community;

…

26. Notes the increasing number of displaced in and from Iraq and the impact of those flows of persons on the social and economic situation of countries in the region, expresses its appreciation for the convening of an international conference in April 2007 at Geneva in order to sensitize the international community to the deteriorating plight of those persons inside Iraq and outside its borders, and calls upon the international community to act in a targeted and coordinated manner to provide protection and increased assistance to the persons displaced to enable the countries in the region to strengthen their capacity to respond to the needs in partnership with the Office of the High Commissioner, other United Nations agencies, the International Red Cross and Red Crescent Movement and non-governmental organizations;

27. Urges all States and relevant non-governmental and other organizations, in conjunction with the Office of the High Commissioner, in a spirit of international solidarity and burden- and responsibility-sharing, to cooperate and to mobilize resources with a view to enhancing the capacity of and reducing the heavy burden borne by host countries, in particular those that have received large numbers of refugees and asylum-seekers, and calls upon the Office to continue to play its catalytic role in mobilizing assistance from the international community to address the root causes as well as the economic, environmental and social impact of large-scale refugee populations in developing countries, in particular the least developed countries, and countries with economies in transition.

In a resolution adopted in 2007 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:

5. Expresses its appreciation for the leadership shown by the Office of the United Nations High Commissioner for Refugees, and commends the Office for its ongoing efforts, with the support of the international community, to assist African countries of asylum and to respond to the protection and assistance needs of refugees, returnees and displaced persons in Africa;

…

13. Calls upon the international community, including States and the Office of the High Commissioner and other relevant United Nations organizations, within their respective mandates, to take concrete action to meet the protection and assistance needs of refugees, returnees and displaced persons and to contribute generously to projects and programmes aimed at alleviating their plight and facilitating durable solutions for refugees and displaced persons;

…

15. Also reaffirms that respect by States for their protection responsibilities towards refugees is strengthened by international solidarity involving all members of the international community and that the refugee protection regime is enhanced through committed international cooperation in a spirit of solidarity and burden- and responsibility-sharing among all States;

…

19. Calls upon the Office of the High Commissioner, the African Union, subregional organizations and all African States, in conjunction with agencies of the United Nations system, intergovernmental and non-governmental organizations and the international community, to strengthen and revitalize existing partnerships and forge new ones in support of the protection system for refugees, asylum-seekers and internally displaced persons;

20. Calls upon the Office of the High Commissioner, the international community and other concerned entities to intensify their support to African Governments through appropriate capacity-building activities, including training of relevant officers, disseminating information about refugee instruments and principles, providing financial, technical and advisory services to accelerate the enactment or amendment and implementation of legislation relating to refugees, strengthening emergency response and enhancing capacities for the coordination of humanitarian activities, in particular those Governments that have received large numbers of refugees and asylum-seekers;

…

26. Urges the international community, in the spirit of international solidarity and burden-sharing, to continue to fund generously the refugee programmes of the Office of the High Commissioner and, taking into account the substantially increased needs of programmes in Africa, inter alia, as a result of repatriation possibilities, to ensure that Africa receives a fair and equitable share of the resources designated for refugees.

In a resolution adopted in 2007 on the universal realization of the right of peoples to self-determination, the UN General Assembly:

Expressing grave concern that … millions of people have been and are being uprooted from their homes as refugees and displaced persons, and emphasizing the urgent need for concerted international action to alleviate their condition.

UN General Assembly, Res. 62/144, 18 December 2007, preamble, adopted without a vote.

UN General Assembly

In a resolution adopted in 2007 on the protection of and assistance to internally displaced persons, the UN General Assembly:

Deeply disturbed by the alarmingly high numbers of internally displaced persons throughout the world, for reasons including armed conflict, violations of human rights and natural or human-made disasters, who receive inadequate protection and assistance, and conscious of the serious challenges that this is creating for the international community,

…

Emphasizing that States have the primary responsibility to provide protection and assistance to internally displaced persons within their jurisdiction as well as to address the root causes of the displacement problem in appropriate cooperation with the international community,

…

Acknowledging with appreciation the important and independent contribution of the International Red Cross and Red Crescent Movement and other humanitarian agencies in protecting and assisting internally displaced persons, in cooperation with relevant international bodies,

…

5. Expresses its appreciation to those Governments and intergovernmental and non-governmental organizations that have provided protection and assistance to internally displaced persons and have supported the work of the Representative of the Secretary-General;

…

15. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by further improving access to internally displaced persons;

…

21. Welcomes the initiatives undertaken by regional organizations, such as the African Union, the Organization of American States, the Organization for Security and Cooperation in Europe, the Intergovernmental Authority on Development, the Council of Europe, the Commonwealth and the Economic Community of West African States, to address the protection, assistance and development needs of internally displaced persons, and encourages them and other regional organizations to strengthen their activities and their cooperation with the Representative of the Secretary-General.

UN General Assembly, Res. 62/153, 18 December 2007, preamble and §§ 5, 15 and 21, adopted without a vote.

UN Economic and Social Council

In a resolution adopted in 2003 on the strengthening of the coordination of emergency humanitarian assistance of the United Nations, ECOSOC:

7. Calls upon all Governments and parties in complex humanitarian emergencies, in particular in armed conflicts and in post-conflict situations, in countries in which humanitarian personnel are operating, in conformity with the relevant provisions of international law and national laws, to cooperate fully with the United Nations and other humanitarian agencies and organizations and to ensure the safe and unhindered access of humanitarian personnel, as well as supplies and equipment, in order to allow them to perform efficiently their task of assisting the affected civilian population, including refugees and internally displaced persons;

…

9. Notes that an increasing number of States, United Nations organizations and regional and non-governmental organizations are making use of the Guiding Principles on Internal Displacement, encourages the strengthening of legal frameworks for the protection of internally displaced persons, and urges the international community to strengthen its support to affected States in their efforts to provide, through national plans or initiatives, protection and assistance to their internally displaced persons.

In a resolution adopted in 2003 on the situation of and assistance to Palestinian women, ECOSOC:

4. Calls upon Israel to facilitate the return of all refugees and displaced Palestinian women and children to their homes and properties, in compliance with the relevant United Nations resolutions;

5. Calls upon the international community to continue to provide urgently needed assistance and services in an effort to alleviate the dire humanitarian crisis being faced by Palestinian women and their families.

ECOSOC, Res. 2003/42, 22 July 2003, §§ 4–5, voting record: 42-2-4.

UN Economic and Social Council

In a resolution adopted in 2003 on the situation of women and girls in Afghanistan, ECOSOC welcomed “the efforts of Afghanistan’s neighbouring countries, which have hosted millions of Afghan refugees, especially women and children, and have provided humanitarian assistance in many areas, such as education, health and other basic services”.

ECOSOC, Res. 2003/43, 22 July 2003, preamble, adopted without a vote.

UN Economic and Social Council

In a resolution adopted in 2004 on the situation of women and girls in Afghanistan, ECOSOC welcomed “the efforts of Afghanistan’s neighbouring countries, which host millions of Afghan refugees, especially women and children, and have provided humanitarian assistance in many areas, such as education, health and other basic services”.

ECOSOC, Res. 2004/10, 21 July 2004, preamble, adopted without a vote.

UN Commission on Human Rights

In a resolution adopted in 2003 on the situation of human rights in Burundi, the UN Commission on Human Rights:

Expresses its concern at the situation of displaced persons, deplores in particular the unacceptable living conditions in the displaced persons sites and recommends that the Transitional Government, United Nations specialized agencies and non-governmental organizations provide humanitarian assistance.

In a resolution adopted in 2003 on internally displaced persons, the UN Commission on Human Rights:

Emphasizing the primary responsibility of national authorities to provide protection and assistance to internally displaced persons within their jurisdiction, as well as to address the root causes of their displacement in appropriate cooperation with the international community,

…

9. Expresses its appreciation to Governments and intergovernmental and non-governmental organizations which have provided assistance and protection to internally displaced persons, developed policies to address their plight and supported the work of the Representative of the Secretary-General;

10. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, to develop national policies aimed at addressing their plight, as well as to ensure that they benefit from public services, in particular basic social services such as health services and education, based on the principle of non-discrimination, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by improving access to internally displaced persons;

…

12. Stresses the need to further strengthen inter-agency arrangements and the capacities of United Nations agencies and other relevant actors to meet the immense humanitarian challenge of internal displacement, and calls upon States to provide adequate resources for programmes to assist and protect internally displaced persons with a view to enhancing the capacities of countries with situations of internal displacement, and of the relevant intergovernmental and non-governmental organizations, to meet the needs of internally displaced persons;

…

17. Acknowledges with appreciation the work of the International Committee of the Red Cross and the other components of the International Red Cross and Red Crescent Movement in protecting and assisting internally displaced persons.

In a resolution adopted in 2003 on human rights and mass exoduses, the UN Commission on Human Rights:

4. Emphasizes the responsibility of all States and international organizations to cooperate with those countries, particularly developing countries, affected by mass exoduses of refugees and displaced persons, and calls upon Governments, the United Nations High Commissioner for Human Rights, the United Nations High Commissioner for Refugees, other relevant parts of the United Nations system and other humanitarian and development organizations to continue to respond to the assistance and protection needs which exist in countries hosting large numbers of refugees and displaced persons until durable solutions are found.

In a resolution adopted in 2003 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights:

Calls upon:

…

(n) All relevant authorities and Member States to provide support for the voluntary return and reintegration of Somali refugees and the provision of urgent humanitarian assistance to, and protection for, those who have been internally displaced;

(o) All Member States to continue to provide increased assistance in response to the United Nations appeals for relief, rehabilitation and reconstruction efforts in all regions, including those aimed at the strengthening of civil society, encouraging good governance and the re-establishment of the rule of law, and to support the development of a culture of human rights and other activities of the Office of the High Commissioner concerning Somalia.

In a resolution adopted in 2004 on the protection of United Nations personnel, the UN Commission on Human Rights called upon States and all others concerned:

To cooperate fully, in conformity with relevant provisions of international law, with United Nations and associated personnel and other personnel carrying out activities in fulfilment of the mandate of a United Nations operation and to ensure their safe and unhindered access in order to allow them to perform efficiently their task of assisting the affected civilian population, including refugees and internally displaced persons.

In a resolution adopted in 2004 concerning internally displaced persons, the UN Commission on Human Rights:

Emphasizing the primary responsibility of national authorities to provide protection and assistance to internally displaced persons within their jurisdiction, as well as to address the root causes of their displacement in appropriate cooperation with the international community,

…

8. Expresses its appreciation to Governments and intergovernmental and nongovernmental organizations which have provided assistance and protection to internally displaced persons, developed policies to address their plight and supported the work of the Representative of the SecretaryGeneral;

9. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, to develop national policies aimed at addressing their plight, as well as to ensure that they benefit from public services, in particular basic social services such as health services and education, based on the principle of non-discrimination, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by improving access to internally displaced persons;

…

12. Stresses the need to strengthen further interagency arrangements and the capacities of United Nations agencies and other relevant actors to meet the immense humanitarian challenge of internal displacement, and calls upon States to provide adequate resources for programmes to assist and protect internally displaced persons with a view to enhancing the capacities of countries with situations of internal displacement, and of the relevant intergovernmental and nongovernmental organizations, to meet the needs of internally displaced persons;

…

17. Acknowledges with appreciation the work of the International Committee of the Red Cross and the other components of the International Red Cross and Red Crescent Movement in protecting and assisting internally displaced persons.

In a resolution adopted in 2004 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights:

Calls upon:

…

(h) All relevant authorities and Member States to provide support for the voluntary return and reintegration of Somali refugees and the provision of urgent and extensive humanitarian assistance to, and protection for, those who have been internally displaced;

(i) All relevant international stakeholders to support the United Nations Joint Action and Recovery Plan for Somalia, which seeks to find sustainable solutions for the reintegration and resettlement of internally displaced persons.

In a resolution adopted in 2004 on technical cooperation and advisory services in Liberia, the UN Commission on Human Rights called upon the international community:

To mobilize the necessary resources to enable the National Transitional Government to implement relief and recovery programmes, including repatriation and resettlement of internally displaced persons and refugees, and, to this end, to implement the decisions taken by the International Reconstruction Conference for Liberia.

In a resolution adopted in 2005 on the abduction of children in Africa, the UN Commission on Human Rights:

Requests the international community, including donor countries and relevant United Nations bodies, to complement and supplement the efforts of African States and African regional mechanisms in providing the necessary assistance, including technical assistance, in order, first, to devise with the participation of children, their families and communities appropriate programmes to combat abduction of children and to protect them, including refugee and internally displaced children, especially unaccompanied and separated children, who are exposed to the risk of being abducted, and, second, to develop and implement programmes for the reintegration, including rehabilitation, of children in the peace process and in the postconflict recovery and reconstruction phase.

In a resolution adopted in 2005 on internally displaced persons, the UN Commission on Human Rights:

Conscious of the human rights and humanitarian dimensions of the problem of internally displaced persons, who often do not receive adequate protection and assistance, and aware of the serious challenge this is creating for the international community and of the responsibility of States and the international community to strengthen methods and means to better address the specific protection and assistance needs of internally displaced persons,

Emphasizing the primary responsibility of national authorities to provide protection and assistance to internally displaced persons within their jurisdiction during all stages of the displacement cycle, as well as to address the root causes of their displacement in appropriate cooperation with the international community,

…

9. Expresses its appreciation to Governments and intergovernmental and nongovernmental organizations that have provided assistance and protection to internally displaced persons, developed policies to address their plight and supported the work of the Representative of the SecretaryGeneral;

10. Calls upon Governments to provide protection and assistance, including reintegration and development assistance, to internally displaced persons, to develop national policies aimed at addressing their plight, as well as to ensure that they benefit from public services, in particular basic social services such as health services and education, based on the principle of nondiscrimination, and to facilitate the efforts of relevant United Nations agencies and humanitarian organizations in these respects, including by improving access to internally displaced persons;

11. Urges all those concerned, as set forth in international humanitarian law, including the Geneva Conventions, of 12 August 1949, and the Regulations of 18 October 1907 annexed to the Hague Convention IV concerning the Laws and Customs of War on Land, to allow full unimpeded access by humanitarian personnel to all people in need of assistance, and to make available, as far as possible, all necessary facilities for their operations, and to promote the safety, security and freedom of movement of humanitarian personnel and the United Nations and its associated personnel and their assets;

12. Encourages all Governments, in particular Governments of countries with situations of internal displacement, to facilitate United Nations activities and to respond favourably to requests for visits as well as for information, and urges Governments as well as the relevant parts of the United Nations system, also at the country level, to follow up effectively on United Nations recommendations and to make available information on measures taken in this regard;

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14. Notes with appreciation the activities aimed at addressing the plight of internally displaced persons undertaken by all relevant humanitarian assistance, human rights and development agencies and organizations, including nongovernmental organizations, and encourages them to enhance further their collaboration and coordination with regard to internally displaced persons, especially through the InterAgency Standing Committee;

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17. Acknowledges with appreciation the work of the International Committee of the Red Cross and the other components of the International Red Cross and Red Crescent Movement in protecting and assisting internally displaced persons;

18. Notes with appreciation the efforts of nongovernmental organizations and the increasing role of national human rights institutions in assisting internally displaced persons and in promoting and protecting their human rights;

19. Welcomes the initiatives undertaken by regional organizations, such as the African Union, the Organization of American States, the Organization for Security and Cooperation in Europe, the Intergovernmental Authority on Development, the Council of Europe, the Commonwealth and the Economic Community of West African States, to address the assistance, protection and development needs of internally displaced persons, and encourages them and other regional organizations to strengthen their activities in this regard.

In a resolution adopted in 2005 on human rights and mass exoduses, the UN Commission on Human Rights:

Emphasizes the responsibility of all States and international organizations to cooperate with those countries, particularly developing countries, affected by mass exoduses of refugees and displaced persons, and calls upon Governments, the United Nations High Commissioner for Human Rights, the United Nations High Commissioner for Refugees, other relevant parts of the United Nations system and other humanitarian and development organizations to continue to respond to the assistance and protection needs that exist in countries hosting large numbers of refugees and displaced persons until durable solutions are found, and notes in this regard conclusion No. 100 adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees.

In a resolution adopted in 2005 on assistance to Somalia in the field of human rights, the UN Commission on Human Rights called upon:

The United Nations, nongovernmental organizations and the Bretton Woods institutions to … provide support for the voluntary return and reintegration of Somali refugees and the provision of urgent and extensive humanitarian assistance to, and protection for, those who have been internally displaced.

In 1994, in its Conclusion on Internally Displaced Persons, the Executive Committee of UNHCR:

(f) Calls upon the international community, in appropriate circumstances, to provide timely and speedy humanitarian assistance and support to countries affected by internal displacement to help them fulfil their responsibility towards the displaced;

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(h) Recognizes that actions by the international community, in consultation and coordination with the concerned State, on behalf of the internally displaced may contribute to the easing of tensions and the resolution of problems resulting in displacement, and constitute important components of a comprehensive approach to the prevention and solution of refugee problems.

In 1997, in a report on his visit to Mozambique, the Representative of the UN Secretary-General on Internally Displaced Persons stated:

Realizing its limited capacity to deliver the necessary humanitarian assistance, the Government requested support from the international community, and several United Nations organizations became involved in the mid-1980s.

Representative of the UN Secretary-General on Internally Displaced Persons, Report on the Representative’s visit to Mozambique from 23 November to 3 December 1996, UN Doc. E/CN.4/1997/43/Add.1, 24 February 1997, § 49.

UN Commission on Human Rights (Special Rapporteur)

In 1996, during a debate in the UN Commission on Human Rights, the Special Rapporteur on the Situation of Human Rights in Afghanistan stated:

The international community was duty-bound to provide emergency assistance to the victims of the Afghan conflict … Minimum food, shelter and sanitation requirements must be provided immediately to those living in refugee camps and villages, and to returnees. The international community should continue to provide, and indeed increase, humanitarian assistance in the form of mine-clearance, support for voluntary repatriation, food, health, sanitation projects and other rehabilitation programmes.

UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in Afghanistan, Statement before the UN Commission on Human Rights, 16 April 1996, UN Doc. E/CN.4/1996/SR.42, 22 April 1996, § 19 .

High Representative for the Implementation of the Peace Agreement in Bosnia and Herzegovina

In 1996, the High Representative for the Implementation of the Peace Agreement in Bosnia and Herzegovina stated that “the leading role for implementation of [the Agreement] belongs to the Office of the United Nations High Commissioner for Refugees (UNHCR)”, with the active support of the Office of the High Commissioner for Human Rights.

High Representative for the Implementation of the Peace Agreement on Bosnia and Herzegovina, Report, UN Doc. S/1996/190, 14 March 1996, Annex, § 69.

In its concluding observations on the third periodic report of the Sudan in 2007, the Human Rights Committee stated:

The Committee notes the steps taken to facilitate humanitarian assistance … It remains concerned at the absence of measures to ensure the protection of displaced persons and humanitarian workers … (art. 12 of the Covenant)

In keeping with all international standards governing the matter, including the Guiding Principles on Internal Displacement, the State party should:

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(b) Take appropriate steps to ensure the safety of humanitarian workers and their vehicles and supplies, and facilitate their access to the beneficiaries of humanitarian aid.

In 1991, in a report to the UN Security Council concerning the situation in the former Yugoslavia, the UN Secretary-General reported that the ICRC had opened offices in affected areas and had been able “to provide assistance to about 60,000 displaced persons through its family parcels programme”.